Supreme Court To Hear Plea Against Sambhal Mosque Survey Today As Judicial Panel Probes Violence

The Supreme Court is set to hear on Friday a plea filed by the management committee of Sambhal's Shahi Jama Masjid. The plea challenges a November 19 order by a district court directing a survey of the Mughal-era mosque.

In parallel, Uttar Pradesh Governor Anandiben Patel has established a three-member Judicial Inquiry Commission, chaired by retired Allahabad High Court Justice Devendra Kumar Arora, to investigate the stone-pelting incident in Sambhal.

Photo Credit: PTI

The panel also includes retired IAS officer Amit Mohan Prasad and retired IPS officer Arvind Kumar Jain, with a mandate to ensure transparency and thoroughness in the inquiry.

Supreme Court to Hear Mosque Survey Plea

According to the cause list for 29 November on the Supreme Court's website, a bench led by Chief Justice of India Sanjiv Khanna will address the plea. The petition seeks an ex-parte stay on the November 19 order issued by the civil judge.

"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 six hours has given rise to widespread communal tensions and threatens the secular and democratic fabric of the nation," the plea stated.

Tensions in Sambhal have been simmering since 19 November, when the court-ordered survey of the Shahi Jama Masjid was undertaken following claims that a Harihar temple previously existed on the site. Violence erupted on 24 November as protesters clashed with security forces near the mosque, resulting in stone-throwing and arson. Four people lost their lives, and several others were injured.

The plea argues that such surveys have a potential to provoke communal unrest, posing a threat to the secular character of the nation. It has requested that the survey commissioner's report be sealed and that the status quo of the mosque be maintained until the matter is resolved.

The petition further seeks the court's directive that surveys not be ordered or carried out without hearing all relevant parties and providing sufficient time for appeals. It contends that the Shahi Jama Masjid, located in Chandausi, Sambhal, has stood since the 16th century and has continuously served as a place of worship for Muslims.

The plea criticised the civil judge's handling of the matter, stating, "The order dated 19 November 2024 also contained no reasons at all as to why such an application was being considered ex-parte and why was it being allowed the same day."

It added, "Evidently, the above-said order directs a survey 'as per the application' and has given neither any reasons nor any terms of reference for the survey."

Judicial Panel to Investigate Sambhal Violence

The Governor's order states, "The Governor thinks that it is necessary to conduct an inquiry in the public interest concerning the violent incident that took place on 24 November, during the survey of the disputed Jama Masjid-Harihar Mandir site in Town Sambhal, Police Station- Kotwali Sambhal, District-Sambhal during the compliance of the order passed by the Court in which many police personnel were injured, four persons lost their lives, and various properties were damaged."

It continued, "Now, therefore, in view of the comprehensiveness of the subject matter and to ensure transparency and quality of inquiry, in exercising the powers conferred by Section 3 of the Commission of Inquiry Act, 1952 (Act No. 60 of 1952), the Governor hereby constitutes the following three-member Judicial Inquiry Commission to be headed by Justice Devendra Kumar Arora (Retired), High Court, Allahabad."

The commission has been tasked with investigating whether the violence was premeditated or spontaneous, as well as evaluating the adequacy of law and order arrangements made by the district administration and police. The panel has been given two months to submit its findings, though the government may extend this timeline.