Sambhal Mosque Survey Case: Supreme Court Halts Trial Court Actions Until Management Appeals to High Court.
The Supreme Court today instructed the management of Shahi Jama Masjid in Sambhal district to approach the Allahabad High Court to contest a Civil Court’s order for a mosque survey. The Court also requested the Civil Court to pause any actions until the High Court reviews the case. A two-Judge Bench, led by Chief Justice Sanjiv Khanna, expressed confidence that the Trial Court would hold off on the matter until it is addressed by the High Court. Justice Khanna emphasized the importance of maintaining peace and neutrality, urging Additional Solicitor General K.M. Nataraj, representing the Sambhal district administration, to ensure that everything remains calm.
The Court was reviewing a Special Leave Petition (SLP) against a Civil Judge’s order from November 19, which appointed an Advocate Commissioner to conduct a survey of the mosque without the presence of the mosque’s management. The petition seeks to suspend that order and requests the Civil Judge to keep the survey report confidential. In its ruling today, the Court ordered that the report be sealed and not opened. The Bench noted that it has not made any judgments on the case’s merits and will keep the SLP pending while the High Court considers the issue. The SLP is scheduled for further discussion in the week starting January 6, 2025.
On the same day the Civil Court issued its Order, a civil suit was filed in that Court asking for an injunction to prevent the mosque management from blocking access to the mosque, which the plaintiff referred to as a temple. The mosque management’s petition highlights that the Civil Court heard the case without the other party present and appointed an Advocate Commissioner to conduct a survey on the same day, which took place under heavy police presence. On the night of November 23-24, the management was notified of a second survey scheduled for early morning on November 24, which resulted in communal violence in the area and led to six deaths.
The petition points out that the Places of Worship (Special Provisions) Act, 1991 prohibits changing the status of any place of worship, ensuring they maintain their religious character as of August 15, 1947. It argues that the suit is merely a covert attempt to alter the religious identity of the Shahi Jama Masjid. Justice Khanna encouraged the counsel for the Sambhal district administration to think about forming a “peace committee” under Section 43 of the Mediation Act, 2023. This provision allows local authorities to resolve disputes that could disrupt peace and harmony in the community through mediation, provided all parties agree.
Senior Advocate Huzefa Ahmadi asked the Bench to recognize a trend of requesting surveys of mosques, which are often approved. However, the Bench was not willing to discuss the case in detail today. The mosque management’s petition states that there is a growing pattern of ordering surveys based on late claims about mosques. They request that surveys should not be automatically ordered in disputes between communities regarding places of worship without first hearing from the defendants and giving enough time for those affected to seek legal remedies against the survey order.
Cause Title: Committee Of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain And Ors. [SLP(C) No. 28500/2024]
