Sambhal Violence: Stop on the survey of Shahi Jama Masjid of Sambhal, CJI asked the Muslim side – Why did you come directly to the Supreme Court?

New Delhi. The Supreme Court on Friday heard the case of violence in Shahi Jama Masjid of Sambhal, UP. CJI Sanjeev Khanna's bench has put an interim stay on the survey order of the district court. The Supreme Court has asked the Muslim side to go to the Allahabad High Court for a hearing on whether there was a temple or a mosque in Sambhal. In the petition filed by the Mosque Management Committee, the order of the District Court of November 19 has been challenged. In its order, the lower court had directed to survey the Mughal era Sambal Jama Masjid. A petition claimed that the mosque was built by demolishing the ancient Harihar temple.

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After the Sambhal violence, the bench of CJI Sanjeev Khanna of the Supreme Court, while hearing the petition of the Jama Masjid Committee, has put an interim stay on the order of the district court. The district court had ordered a survey of the mosque. After which violence broke out there.

The Supreme Court asked a serious question to the Sambhal Jama Masjid Committee as to why they reached the Supreme Court directly after the decision of the District Court. According to the rules, he should have gone to the High Court first. The CJI bench asked him to go to the High Court for further hearing. Till then the decision of the district court has been stayed.

CJI Sanjeev Khanna said that we are not going on the merit of the case. We don't want anything to happen in the meantime. The petitioners have the right to challenge the order. This is not under Order 41, hence you cannot file the first appeal.

The Supreme Court asked the petitioner why did you not go to the High Court? ⁠The Muslim side told CJI Sanjeev Khanna that this is an extraordinary case, hence the court should take extraordinary steps. ⁠The survey order of the lower court was challenged. ⁠There was a demand for immediate stay of the lower court's decision.

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Sambhal Jama Masjid Management, in its petition, said that the haste in which permission for the survey was given and the survey was conducted within a day and suddenly a second survey was conducted with just six hours' notice, has given rise to widespread communal tension and has affected the country. The secular and democratic fabric is under threat.

Formation of a three-member judicial inquiry commission in the Sambhal violence case.

Meanwhile, UP Governor Anandiben Patel has constituted a three-member judicial inquiry commission under the chairmanship of Justice Devendra Kumar Arora (retd) of Allahabad High Court to investigate the incident of stone pelting during Sambhal violence. To ensure transparency and quality in the investigation, retired IAS Amit Mohan Prasad and retired IPS Arvind Kumar Jain have also been included in the commission as other two members.

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