The Supreme Court on Friday restrained the Sambhal civil court that had ordered a survey of the Jama Masjid from proceeding further till Allahabad High Court had decided the matter, and asked the administration to be “totally neutral” and maintain peace.
The survey ordered by the trial court – on a petition that claimed the Mughal-era mosque in Sambhal town had been built after demolishing a temple – had led to a clash between a mob and the police on November 24 that claimed four lives.
“Be sure that you maintain peace and harmony. It is very important that you be absolutely, totally neutral,” Chief Justice of India Sanjiv Khanna orally told additional solicitor-general K.M. Natraj, who was representing the Uttar Pradesh government.
The court asked the mosque management committee, whose plea against the Sambhal court order it was hearing, to go to an appropriate court, which in this instance would be Allahabad High Court.
The bench, which included Justice Sanjay Kumar, also orally asked Natraj to explore the possibility of “mediation” to resolve the issue as provided under Section 43 of the Mediation Act.
According to the section, “any dispute likely to affect peace, harmony and tranquillity amongst the residents or families of any area or locality may be settled through community mediation with prior mutual consent of the parties” instead of prolonging the matter through judicial battles.
As for the survey report, the apex court said it could be submitted to the trial court but in a sealed cover and not opened.
In Sambhal, the first Friday prayers at the Jama Masjid since the November 24 violence passed peacefully.
Ramesh Raghav, the local court-appointed advocate commissioner who had led the survey team, was supposed to submit the report on Friday but sought 10 more days.
He clarified that he did not intend to visit the mosque again, putting speculation at rest. Ramesh told the civil court that his team had completed the survey during its two visits on November 19 and 24, Prince Sharma, a counsel for the Hindu side, told reporters.
Amir Hussain, a lawyer for the Sambhal mosque committee, welcomed the Supreme Court order.
Earlier, senior advocate Huzefa Ahmadi had, representing the mosque committee, told the apex court that the suit should not be allowed to continue as it was capable of “creating grave public mischief”.
“There are 10 such suits pending (claiming certain mosques or dargahs had been built after destroying Hindu temples).... The operandi is that a survey is ordered and then a story is built...” he told the bench.
Among the Islamic structures facing such allegations are the Gyanvapi Mosque in Varanasi – which underwent a local court-ordered survey in 2022 – Shahi Idgah in Mathura and the Ajmer Sharif dargah.
The bench later passed an order that read: “We feel that the petitioner, Committee of Management, Shahi Jama Masjid, Sambhal, must challenge the order dated 19.11.2024 before an appropriate court/ forum as per law….
“In the meanwhile, peace and harmony must be maintained. Mr K.M. Nataraj… assures the Court with regard to the same.”
The apex court said that if any petition was moved before the appropriate court, it “will be listed within a period of three working days after the date of its filing”.
“We are told that the matter (suit by Hindu claimants) is fixed before the Court of the learned (Sambhal) Civil Judge (Senior Division) on 08.01.2025,” the order said.
“The learned Civil Judge will not proceed with the matter till the revision petition/ appeal/ miscellaneous petition to be filed by the petitioner is listed before the High Court/ appropriate Court/ forum.”
It added: “The (survey) report submitted by the advocate commissioner, if any, will be kept in a sealed cover and will not be opened. Any further proceedings in the suit would be subject to the order passed by the High Court/ appropriate Court/ forum.”
The apex court clarified that it had not expressed any opinion on the “merits of the matter” and posted the next hearing to the week beginning on January 6 next year.
