Supreme Court asks Sambhal court to defer hearing mosque survey case
The bench directed that the survey report should not be opened while the matter is being heard.
The Supreme Court on Friday asked the trial court in Uttar Pradesh’s Sambhal to defer hearing the matter involving the town’s Sambhal Jama Masjid until the petition filed by the mosque’s management committee against the survey of the site is listed in the Allahabad High Court, Live Law reported.
The court directed that the report filed by the advocate commissioner, who conducted the survey of the mosque, should be kept in a sealed cover that should not be opened while the matter is being heard.
A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing a special leave petition filed by the Sambhal Shahi Jama Masjid Committee challenging the order passed by the trial court on November 19 directing the commissioner to survey the site.
The trial court’s order came on a suit claiming that the mosque had been built in 1526 by Mughal ruler Babar on the site of the “centuries-old Shri Hari Har Temple dedicated to Lord Kalki”.
Five persons were killed in violence during protests on Sunday against the survey of the mosque.
On Friday, the bench told advocate Huzefa Ahmadi, who was representing the mosque committee, that he could approach the High Court challenging the trial court’s order permitting the survey, instead of approaching the Supreme Court directly.
The chief justice also emphasised the need to maintain peace among the communities in Sambhal.
“We don’t want anything to happen...we have to be absolutely, totally neutral and ensure nothing wrong is done,” Live Law quoted the bench as telling Additional Solicitor General KM Nataraj, who appeared for the Uttar Pradesh government.
The bench did not dispose of the mosque committee’s plea. The petition the committee files before the High Court must be listed within three working days, it ordered.
Also read: ‘Ayodhya happened, now Sambhal’s turn’: How a court order sparked a deadly dispute over a mosque