New Delhi, November 29 – India’s Supreme Court on Friday ordered a stay on the proceedings of a civil court in Uttar Pradesh’s Sambhal district after a controversial survey of a mosque, claimed to have been built over a destroyed temple, triggered communal violence, resulting in casualties, arrests, and heightened tensions.
The apex court directed that the survey report, prepared by a court-appointed Advocate Commissioner, be sealed. A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar emphasized neutrality and urged state authorities to ensure peace and harmony.
“Be absolutely, totally neutral,” CJI Khanna told Additional Solicitor General KM Nataraj, representing the Uttar Pradesh government, underscoring the court’s close monitoring of the situation.
Legal Options for Mosque Committee
The Sambhal Shahi Jama Masjid Committee, which manages the mosque, argued that the civil court’s ex-parte order on November 19 to conduct the survey was issued in “hot haste.” The committee invoked the Places of Worship Act, 1991, which preserves the status of religious sites as of August 15, 1947.
CJI Khanna outlined multiple legal remedies for the committee, including filing a plea under Order 9 Rule 13 of the Code of Civil Procedure to overturn the ex-parte order, seeking its revision, or approaching the Allahabad High Court under Article 227 of the Constitution for supervisory intervention.
The Supreme Court instructed that any petition filed by the committee in the High Court must be listed for hearing within three days. Meanwhile, the trial court in Sambhal has been directed to pause proceedings until further notice.
Survey Controversies Across India
This case is the latest in a series of legal battles involving claims of mosques being built over demolished temples, fueling religious disputes.
Recent months saw a court-monitored survey of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura, and a controversial Varanasi court-ordered survey of the Gyanvapi mosque, where Hindu petitioners claimed the discovery of a shivling (a symbol of Lord Shiva).
In Sambhal, Hindu plaintiffs allege the Shahi Jama Masjid in Chandausi was constructed in 1526 by Mughal emperor Babar after demolishing a temple. The mosque committee, however, argues that the site is an ancient monument and protected heritage.
Similar claims have surfaced in Rajasthan, where a court is examining a petition asserting that the Ajmer Sharif Dargah was originally a temple dedicated to Lord Shiva.
Calls for Calm Amid Communal Violence
The violence in Sambhal has raised alarms over the escalating communal tensions surrounding such disputes. The Uttar Pradesh government has vowed to take strict action against perpetrators of unrest, including recovering damages for public property destroyed in protests.
The Supreme Court scheduled a hearing in January 2025 to further address the mosque committee’s concerns. For now, the CJI emphasized that the judiciary would not comment on the case’s merits but would ensure that peace prevails.
“Maintaining peace and harmony is paramount,” CJI Khanna said, as he reminded authorities of their responsibility to remain impartial.
The next hearing in the Sambhal civil court, initially slated for January 8, is effectively on hold pending developments in the higher judiciary.
Broader Implications
Observers note that these legal disputes could test the robustness of the Places of Worship Act and further strain India’s secular fabric. With similar cases pending across the country, tensions between religious communities remain high.
The Chenab Times News Desk