The Supreme Court Today (Nov 29) emphasized the need for neutrality and the maintenance of public peace while keeping the petition pending. It has directed the parties to approach the appropriate judicial forum for relief, ensuring that no actions are taken in the trial court proceedings until January 8. The case underscores the sensitivity surrounding religious disputes and the importance of judicial intervention to maintain social harmony.
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NEW DELHI: The Supreme Court of India convened today to deliberate on a petition submitted by the Sambhal Jama Masjid Committee. The petition challenges a trial court’s directive to conduct a survey of the Shahi Jama Masjid in Chandausi, Uttar Pradesh, by an Advocate Commissioner.
The underlying lawsuit claims that the mosque was constructed after dismantling a pre-existing temple.
Bench Composition and Initial Arguments
The matter was presented before a bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar. The Committee, responsible for managing the Shahi Jama Masjid, emphasized its decision to approach the apex court directly, citing “extraordinary circumstances.”
Highlighting the gravity of the issue, the Committee informed the court that the survey order had escalated tensions, resulting in violent clashes on November 24, which tragically claimed four lives.
Senior Advocate Huzefa Ahmadi, representing the Sambhal Mosque Committee, began his submission by urging the court to consider the implications of the trial court’s order. He stated,
“Please see the order.”
The CJI responded,
“Isn’t this order revisable? We may have some reservations, but there is no problem for […] to entertain one…”.
Emphasizing procedural propriety, the CJI clarified,
“We are not going into merits. We don’t want anything to happen in the meanwhile… petitioners have the right to challenge the order. It’s not under Order 41, so you can’t file the first appeal.”
Senior Advocate Ahmadi cautioned that the order had the potential to create widespread unrest, stating,
“This is capable of great public mischief.”
Meanwhile, Advocate Vishnu Shankar Jain appeared on behalf of the respondents. The bench also engaged with Additional Solicitor General (ASG) KM Nataraj, representing the District Administration.
The CJI remarked,
“We don’t want to say anything at this stage. We will keep it pending. But please see that peace and harmony is maintained. We have to be absolutely neutral.”
Concerns Raised by the Petitioner
Ahmadi underscored a pattern of similar legal actions across the country, pointing out,
“10 suits pending across the country… modus operandi is on the first day only, surveyor is appointed. Please stay…”
Interim Directions and Observations
The CJI issued a crucial interim directive:
“No further steps in the suit without permission of HC. TC will not take any steps till 8th January.”
The official order stated:
“Some respondents have entered appearance. Petition directed against Civil Judge (Senior Division) order… we feel that petitioner must challenge order before appropriate forum as per CPC and Constitution. Meanwhile, peace and harmony must be maintained.”
The Supreme Court of India has directed the trial court handling the Sambhal Jama Masjid case not to proceed with the suit until the mosque committee’s petition, challenging the survey order, is addressed in the High Court.
The case revolves around allegations that the mosque was constructed after dismantling a pre-existing temple, and the trial court had ordered a survey by an Advocate Commissioner.
![[BREAKING] Sambhal Mosque Plea Against Survey Order | "Please see that peace and harmony is maintained. We have to be absolutely neutral.": CJI Khanna](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/11/image-91.png?resize=820%2C469&ssl=1)
Interim Orders and Key Directions
The Supreme Court bench, comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, issued a series of directions to ensure the maintenance of peace and legal propriety:
- Sealed Cover for Survey Report: The court ordered,
“The report submitted by the Advocate Commissioner will be kept in a sealed cover and not be opened.”
- No Trial Court Proceedings: The bench emphasized,
“Till the matter is listed before HC, any further proceedings will be in terms of the order passed.”
- Assurance by ASG: The Additional Solicitor General (ASG) representing the Uttar Pradesh administration assured the court that peace would be maintained. The court recorded,
“Ld. ASG assures with regard to the same. In case any revision appeal is preferred before the appropriate forum, the same would be listed within 3 working days.”
- Neutral Approach: Highlighting the sensitivity of the matter, the CJI noted,
“We have not expressed any opinion on the merits of the matter.”
- Next Steps: The court further directed,
“Re-list in the week commencing 6 January. Parties may move an application if required.”
Supreme Court’s Emphasis on Peace
Addressing the Uttar Pradesh administration, the Supreme Court reiterated its stance on maintaining societal harmony during the pendency of the matter. “Peace and harmony must be maintained,” the court stressed.
Social and Legal Implications
The trial court’s order for a survey had led to public unrest, with reports of violence resulting in casualties. The Supreme Court’s intervention aims to ensure a balanced approach, safeguarding the rights of the involved parties while mitigating communal tensions.
Conclusion
By keeping the Advocate Commissioner’s report sealed and halting the trial court proceedings until the High Court’s intervention, the Supreme Court has emphasized the importance of procedural justice and peace in sensitive cases.
This decision reflects the judiciary’s commitment to neutrality and its role in preventing any exacerbation of societal discord. The case will be revisited in early January for further deliberation.
The Supreme Court emphasized the need for neutrality and the maintenance of public peace while keeping the petition pending. It has directed the parties to approach the appropriate judicial forum for relief, ensuring that no actions are taken in the trial court proceedings until January 8.
The case underscores the sensitivity surrounding religious disputes and the importance of judicial intervention to maintain social harmony.
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