'Peace must be maintained': Supreme Court halts trial court action in Sambhal mosque survey case

The apex court said that no trial court action can be taken till the mosque committee's petition challenging the survey order is heard in the Allahabad High Court.

New DelhiI: The Supreme Court on Friday told the district court not to act upon a survey ordered in a suit claiming construction of the mosque on a pre-existing Shri Harihar temple until Sambhal Shahi Jama Masjid committee to approached the Allahabad High Court.

A bench of Chief Justice of India Sanjiv Khanna and Sanjay Kumar also directed the Uttar Pradesh to maintain peace and harmony in the area, where four protesters were killed during the heavy stone pelting. The court also ordered the survey report of the advocate commissioner's report should be kept in sealed cover.

"We don't want anything to happen in meanwhile...Let them (Shahi Jama Masjid committee) exercise appropriate remedy. We will keep this pending," the bench said.

Advocate Vishnu Shankar Jain, appearing for plaintiff Hari Shankar Jain and others submitted the next date of hearing has been fixed for January 8 before the civil judge (senior division).

Senior advocate Huzefa Ahmadi, appearing for petitioner committee, contended the order is capable of great public mischief. He said as of day, 10 such suits are pending across the country where survey is sought to be conducted.

"We hope and trust the trial court will not to take any proceedings...We have not expressed any opinion on merits," the bench said, fixing the matter for consideration in the week commencing on January 6.

In case any revision application is filed, it should be heard within three days before the High Court, the bench ordered.

At the outset, the bench said it has some reservations with the order passed by civil judge (senior division) on November 19.

The court told the Uttar Pradesh government represented by Additional Solicitor General K M Nataraj that the district administration has to remain neutral and maintain peace in the area.

The court also directed the plaintiff not to file any papers.

It also ordered the advocate commissioner's report should be kept in sealed cover.

In its written order, the bench said, "We feel that the petitioner, Committee of Management, Shahi Jama Masjid, Sambhal, must challenge the order dated 19.11.2024 before an appropriate Court/forum as per law, including the provisions of the Code of Civil Procedure, 1908, and the Constitution."

The court also directed the civil judge not to proceed with the matter till the revision petition or appeal or miscellaneous petition to be filed by the petitioner, is listed before the High Court or appropriate court or forum. 

"The report submitted by the advocate commissioner, if any, will be kept in a sealed cover and will not be opened. Any further proceedings in the suit would be subject to the order passed by the High Court or appropriate Court or forum," the bench said.

The petitioner committee questioned the validity of survey ordered within a short span of time, triggering violence in the area and leading to death of four protestors.

The plea filed by Committee of Management, Shahi Jama Masjid, Sambhal questioned "the hot haste" in which the survey was allowed and conducted all within a day and suddenly another survey was conducted after couple of days with a notice of barely six hours that had given rise to widespread communal tensions and threatened the secular and democratic fabric of the nation.

The survey was ordered by civil judge (senior division) on a suit filed by advocate Hari Shankar Jain and others.

According to the plaintiffs, Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing Shri Harihar temple.