The commissioner, Rakesh Singh Raghav, informed the court that the report was incomplete and requested more time. Civil Judge Aditya Singh granted the extension and set the hearing date.
![[Sambhal Violence Row] UP Court Directs Survey Report Submission in 10 Days, Sets January 8 For Next Hearing](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/11/f8q0l81o_sambhal-mosque-violence-explained-_625x300_25_November_24-jpg-650%C3%97400-11-28-2024_09_29_PM.png?resize=641%2C354&ssl=1)
Sambhal, UP: A court in Sambhal has instructed the court-appointed commissioner to submit a survey report on the Jama Masjid mosque within 10 days, following claims that a temple once stood at the site.
The next hearing has been scheduled for January 8.
The commissioner, Rakesh Singh Raghav, informed the court that the report was incomplete and requested more time. Civil Judge Aditya Singh granted the extension and set the hearing date.
Both Hindu and Muslim representatives were present in court, along with the commissioner, who had inspected the site. The commissioner stated he could not complete the report but was told by the judge that he would not get another chance to visit the location and must submit the report within 10 days.
Tensions in Sambhal have been rising since November 19, when a court-ordered survey of the Shahi Jama Masjid started, following claims that a Harihar temple previously stood there. The situation escalated on November 24 during the second survey, when clashes erupted between protesters and security forces. The violence led to stone-pelting and arson, resulting in four deaths and several injuries.
Supreme Court Today’s Hearing
Today (29th Nov), the Supreme Court directed the trial court in Sambhal, Uttar Pradesh, not to take any action based on its order for a survey of the Shahi Jama Masjid.
The Bench, consisting of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar, urged authorities to maintain peace and harmony in light of the violence that followed the court order. The Court stated:
“We believe the petitioner should challenge the November 19 order in an appropriate forum under the Code of Civil Procedure. In the meantime, peace must be maintained. ASG KM Nataraj has assured the same. If an appeal is filed, it will be listed within three working days. The trial court is scheduled to hear the case on January 8, and we trust it will not proceed until the matter is heard by the High Court. We have not expressed any opinion and are not disposing of the SLP. The case will be relisted the week of January 6, 2025.”
The Bench was hearing an appeal against a civil court order that called for the survey. Civil Judge (Senior Division) Aditya Singh had appointed an advocate commissioner to conduct the survey and submit a report by November 29.
This order followed a plea by Advocate Hari Shankar Jain and seven others, who claimed that the mosque was built over a demolished temple during the Mughal period. When the case was heard, CJI Khanna expressed reservations about the order and asked whether it could be reviewed under Article 227 of the Constitution by the High Court. He emphasized maintaining peace and harmony, urging that no action be taken by the trial court until the High Court hears the case.
Senior Advocate Huzefa Ahmadi, representing the petitioner, argued that the order could lead to “great public mischief,” and pointed out that similar cases had been manipulated by ordering surveys followed by constructing a narrative.
![[Sambhal Violence Row] UP Court Directs Survey Report Submission in 10 Days, Sets January 8 For Next Hearing](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/11/sambhal-violence-1732510958692-webp-1200%C3%97675-11-25-2024_02_08_PM.png?resize=820%2C452&ssl=1)
The Court stressed the importance of ensuring peace and neutrality and mentioned Section 43 of the Mediation Act, recommending that the district form mediation committees to avoid further unrest.
The Shahi Jama Masjid Committee, in its plea before the Supreme Court, sought a stay on the survey, arguing that the order was passed hastily. It contended that surveys should not be routinely ordered in cases involving places of worship and that the defendants should be heard before such orders are made, with sufficient time allowed to seek judicial remedies.
The violence in Sambhal, including stone-pelting and vehicle-burning, erupted after the order, with reports of four fatalities. The unrest followed a second survey attempt on November 24 in Chandausi town, after the first survey on November 19.
Autopsy results ruled out police firing as the cause of death. Additionally, a plea has been filed in the Allahabad High Court for a Special Investigation Team (SIT) probe into the communal violence triggered by the court-ordered survey.
