SC Halts Trial Court's Sambhal Mosque Survey Order, Directs HC Review: 'Peace, Harmony Must Be Ensured'

The Supreme Court today instructed the management committee of the Shahi Idgah Masjid in Sambhal, Uttar Pradesh, to approach the Allahabad High Court to challenge a trial court's order.

The trial court had mandated a survey of the mosque following claims by Hindu petitioners that a temple had previously stood at the location, reported NDTV

Photo Credit: PTI

The Supreme Court emphasised the need to maintain peace and harmony, halting any further action by the trial court until the High Court has the opportunity to review the matter.

"Peace and harmony must be ensured. We will keep this pending. We do not want anything to happen. We have to be absolutely neutral and ensure that nothing untoward happens," stated Chief Justice of India, Sanjiv Khanna.

The court further noted that the trial court hearing scheduled for January 8 will not take place until the High Court has reviewed the case.

Violent Clashes

Earlier this week, violence broke out in Sambhal as the court-ordered survey led to clashes between the locals and the police, resulting in several fatalities. Police reported that the unrest began when a crowd gathered near the mosque as the survey team, led by an "Advocate Commissioner," began its work.

The crowd grew to nearly a thousand people, with some attempting to block the police from entering the mosque. Some members of the crowd threw stones at the police, while others set fire to over ten vehicles. The police responded with tear gas. The violence led to multiple deaths, with over 30 police officers also injured.

In response to the riots, the Uttar Pradesh government established a three-member judicial inquiry commission to investigate the incident, with the commission instructed to submit its report within two months.

Security in Sambhal was heightened today, with additional precautions taken ahead of Friday prayers and the submission of the ASI survey report to the trial court.

Bone of Contention

The controversy began when a petition was filed in Sambhal by advocate Vishnu Shanker Jain and others. Jain, known for his involvement in the Gyanvapi Mosque and Krishna Janmabhoomi disputes, claimed that the Shahi Idgah Masjid was built on the ruins of a temple dedicated to Lord Kalki.

The petition alleged that the mosque was constructed after the temple was destroyed during Babur's invasion of India in 1526-27. The petitioners argue that historical records such as the 'Baburnamah' and 'Ain-e-Akbari' document the destruction of the temple by Babur.

The petitioners contend that the temple was originally built by the Hindu mythological figure Vishwakarma at the beginning of the universe. Babur's forces allegedly destroyed the temple and converted it into a mosque to assert Islamic dominance. The petition also criticises the Archaeological Survey of India (ASI) for not taking control of the site, which is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The petitioners have called for unrestricted access to the mosque for Hindus, claiming their right to worship is being unlawfully denied.

In response to the petition, the court ordered a survey of the mosque on November 19, 2024. Advocate Commissioner Ramesh Raghav, along with the district administration and police, conducted the survey on the same day. The swift action was met with criticism, with claims of judicial overreach and procedural irregularities.

The Muslim community, including the Jama Masjid management committee, strongly opposed the survey, citing the Places of Worship Act, 1991, which prevents the alteration of the status of any religious site as it existed on August 15, 1947. Ziaur Rehman Barq, the Samajwadi Party MP from Sambhal, condemned the action as an attempt to disrupt communal harmony.