The Shahi Jama Masjid Committee has approached the Supreme Court to overturn a trial court’s order mandating a survey of the mosque, claimed to have been built in 1526 after demolishing a temple. They argue the order violates the Places of Worship Act and poses a threat to communal harmony, seeking to prevent further violence and protect legal sanctity.
New Delhi: The Shahi Jama Masjid Committee, representing the mosque in Chandausi, Sambhal, has directly approached the Supreme Court, seeking to overturn an ex-parte order issued by the Civil Judge (Senior Division) last week. The trial court had directed a commission survey of the mosque in response to a suit claiming that it was constructed in 1526 by Mughal emperor Babar after demolishing a temple.
The case has triggered widespread concerns about communal harmony, with the court-ordered survey leading to violence in Sambhal last week, resulting in the deaths of four people and injuries to many others. Amid this backdrop, the Masjid Committee has argued that the trial court’s “hot haste” in passing the order without hearing the mosque’s representatives aggravated tensions and led to public unrest in the region.
Key Arguments in the Supreme Court Petition
- Violation of the Places of Worship Act, 1991: The petition asserts that the trial court’s order contravenes the law, which prohibits the alteration of the religious character of places of worship as they stood on August 15, 1947.
- Protected Monument: The committee claims that the mosque is an ancient structure protected under the Archaeological Survey of India (ASI), making any such interference unjustifiable.
- Pattern of Belated Claims: The Masjid Committee highlighted an emerging pattern of delayed and speculative claims targeting mosques, accompanied by judicial orders for surveys that risk inflaming communal passions.
- Threat to Communal Harmony: The committee warned that such actions could erode India’s secular framework and lead to widespread law and order problems.
- Lack of Due Process: It was argued that the trial court erred in proceeding ex-parte without hearing the mosque’s side, violating principles of natural justice.
Relief Sought
The Masjid Committee has requested the Supreme Court to:
- Set aside the trial court’s survey order.
- Issue guidelines preventing routine surveys in religious disputes without adequate hearings.
- Direct authorities to ensure no further escalation of violence in the area.
Broader Implications
This case is being closely monitored as it touches upon several sensitive issues, including communal harmony, the legal sanctity of the Places of Worship Act, and the protection of historical monuments. Experts believe the outcome could set an important precedent in handling similar disputes across the country.
A bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will hear the matter tomorrow. Given the growing concern over such claims and the potential for communal unrest, the Supreme Court’s intervention is seen as crucial to maintaining peace and upholding the rule of law.
Background
The suit was filed by individuals who alleged that the Shahi Jama Masjid was constructed after demolishing a temple. These claims mirror several other legal battles over historical religious structures, reflecting deep-seated tensions. The Supreme Court’s decision in this case could redefine the judiciary’s approach to resolving disputes involving places of worship.
The case, titled Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain & Others (SLP(C) No.28500/2024), is likely to have significant legal, social, and political ramifications.
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