‘Maintain Peace & harmony’: SC halts trial court hearings, asks mosque mgmt to approach HC

New Delhi/Lucknow: The Supreme Court on Friday ordered the Sambhal trial court to halt proceedings concerning the survey of the Mughal-era Shahi Jama Masjid in Chandausi. The apex court also directed the Uttar Pradesh government to ensure peace and harmony in the violence-hit town.

The controversy began on November 19 when a Sambhal civil court, acting on a plea by the Hindu side, ordered a survey of the mosque by an advocate commissioner. The petitioners alleged that the mosque, built in 1526 by Mughal emperor Babur, replaced a temple at the site. The court’s decision led to tensions, culminating in violent clashes on November 24 that claimed four lives.

A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar emphasized the importance of maintaining peace. “Peace and harmony must be maintained,” the CJI stated, while acknowledging the state administration’s assurances to prevent further unrest.

The bench ordered the survey report to remain sealed until the Allahabad High Court or another appropriate forum hears the mosque committee’s appeal. “The learned civil judge will not proceed with the matter until the petitioner’s appeal is listed before the high court or another competent forum. Any further proceedings will depend on the orders of such forums,” the bench clarified.

The court underscored that it had not expressed any opinion on the merits of the case. “We are neutral and seek to ensure no wrongdoing,” remarked CJI Khanna, reiterating the judiciary’s role in upholding communal harmony. Senior advocate Huzefa Ahmadi, representing the mosque committee, argued that the trial court’s survey order had the potential to create “great mischief.” While acknowledging the urgency, the bench advised the committee to challenge the order in the Allahabad High Court under Article 227 of the Constitution, which empowers higher courts to supervise subordinate courts.

“We may have reservations about the order, but is it not amenable to Article 227? You must approach the appropriate forum,” the CJI remarked.

The bench further directed the Uttar Pradesh government to form a peace committee comprising members from both communities to restore normalcy. Additional Solicitor General K M Nataraj assured the court of the state’s commitment to maintain law and order.

Tensions in Sambhal erupted after the November 19 court order, which intensified following a survey initiated by the court-appointed commissioner. On November 24, violence broke out near the mosque, resulting in stone-pelting, arson, and fatalities.

The Supreme Court’s intervention provides temporary relief to the mosque committee, which had sought an ex-parte stay on the survey order. The bench has instructed the listing of the case in the Allahabad High Court or another appropriate forum within three working days, with hearings likely in the first week of January 2025.

Amid these developments, local leaders and authorities have appealed for calm. “This is a sensitive issue. Both communities must come together to ensure peace prevails,” said a senior government official.

Amid heightened tensions, the administration ensured tight security for Friday prayers at the Shahi Jama Masjid. Deputy Inspector General (DIG) of Moradabad Range, Muniraj, oversaw the arrangements personally, while police teams monitored the area from rooftops. Senior figures, including SP MP Ziaur Rahman Birk’s father and local leader Zafar Ali, were present, emphasizing the importance of communal harmony.

“This was the first Friday prayer since the violence, and our focus was to allow people to worship without fear,” said Zafar Ali.

Internet services were also restored on Friday.

With the situation in Sambhal remaining delicate, the administration and the public await the Allahabad High Court’s next steps in this sensitive and high-profile case..