SC asks Sambhal court not to pass any order related to survey of Shahi Jama Masjid
New Delhi: The Supreme Court on Friday (November 29) asked Sambahl trial court not to pass any order in the matter related to survey of Shahi Jama Masjid there and directed it not to open any survey report in the meanwhile.
A bench headed by Chief Justice of India (CJI) Sanjiv Khanna directed this while hearing a plea filed by the Committee of Management, Shahi Jama Masjid, Sambhal challenging the trial court order for survey of the mosque on a plea by the Hindu side claiming the mosque was previously a Harihar temple.
The Sambhal civil judge had allowed the plea filed by the Hindu side, saying that that it is probable that the report of the survey will facilitate the court in deciding the case and ordered ordering for the survey of the mosque subject to the condition that the appointed advocate commissioner will get photography and videography conducted of the entire survey at the time of the survey. It had directed the advocate commissioner is to prepare a report of the survey and submit its report before the court.
The Masjid Committee has claimed in its plea before the top court that the Sambhal civil judge heard the Hindu side suit ex parte, which was not even numbered by then, and allowed the application seeking appointment of an advocate commissioner for survey of the mosque within hours and that the order dated November 19 also contained no reasons at all as to why such an application was being considered ex parte and why was being allowed the same day.
“It is under these extraordinary circumstances that the Petitioner/Managing Committee is beseeching this Hon’ble Court to kindly intervene and stay the proceedings of Civil Suit No. 166 of 2024 pending before the Ld. Civil Judge (Senior Division), Sambhal at Chandausi. The hot haste in which the survey was allowed and conducted all within a day and suddenly another survey was conducted with a notice of barely 6 hours, has given rise to widespread communal tensions and threatens the secular and democratic fabric of the nation,” the plea by the Masjid Committee said.
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