Petition filed by Sambhal Shahi Jama Masjid Committee before the Supreme court.

Sambhal Mosque Controversy: Jama Masjid Committee Approaches Supreme Court for Stay on Survey

The Sambhal Shahi Jama Masjid Committee has filed a petition before the Supreme Court seeking to halt a survey ordered by a District court on November 19. The plea argues that the frequent and swift ordering of surveys, especially in cases involving disputes over mosques, is becoming a troubling trend.

The petitioners have raised concerns that the District court’s decision to allow a survey of the Shahi Masjid in Sambhal was made in “hot haste,” following a claim that the mosque was originally a temple. The survey was conducted on the same day the court issued its order, and another survey was held just six hours later. These actions have triggered communal tensions and pose a threat to India’s secular values, the petition argues.

A bench led by Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar will hear the case tomorrow.

Key Points from the Petition:

• Urgency and Impact: The Jama Masjid Committee argues that the rapid scheduling of surveys without proper hearings or time for appeals has caused unrest and endangers the social harmony and democratic fabric of the nation.
• Request for Supreme Court Intervention: The committee has urged the Supreme Court to establish guidelines to prevent the routine ordering of surveys in cases involving places of worship and to ensure that defendants have an opportunity to seek judicial remedies before surveys are conducted.
• Background of the Dispute: On November 19, the District court in Sambhal directed a survey of the Shahi Jama Masjid, in response to a petition claiming that the mosque was built on the site of a destroyed temple from the Mughal period. The civil court appointed an advocate commissioner to carry out the survey and submit a report by November 29.
• Violence Following the Survey: The survey order led to violent clashes between protesters and police, with reports indicating that four people were killed during the unrest. Stone-pelting and vehicle-burning incidents broke out, particularly after a second survey was attempted on November 24. However, an autopsy revealed that police firing was not the cause of the deaths.
• Additional Legal Action: A separate petition has been filed in the Allahabad High Court, calling for a Special Investigation Team (SIT) to investigate the violence that followed the court-ordered survey in Sambhal.

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