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Notices have been issued to all respondents, with directions to file counter affidavits within two weeks, followed by a week for rejoinders
The Allahabad High Court has stayed the proceedings before the Sambhal Civil Judge (Senior Division) in contentious property dispute involving Shahi Jama mosque, pending further orders from the high court.
The case revolves around the property claimed as both a mosque and a temple, stirring legal and religious sensitivities.
The civil suit filed in the trial court seeks a declaration recognizing hindu plaintiffs' right of access to what they claim is the Shri Hari Har Temple, currently identified as the Jami Masjid in Sambhal's Kot Purvi locality. The plaintiffs also requested that the Archaeological Survey of India (ASI) take control of the site under the Ancient Monuments Preservation Act, 1904. Additionally, they sought an injunction preventing interference in public access to the property.
On the same day the suit was registered, the civil court accepted the plaintiffs' application for exempting the mandatory notice period under Section 80(2) of the Civil Procedure Code (CPC), citing urgency. It also granted an application for appointing an advocate commissioner to survey the property, with directions for photographic documentation.
The mosque committee raised objections before the high court, alleging procedural impropriety. Their counsel argued that the expedited actions, including the survey conducted within hours of the suit's filing, deprived the defendants of due opportunity to respond. They further noted that a subsequent survey on November 24, 2024, compounded concerns over transparency.
The plaintiff-respondents defended the civil court's actions, asserting that the survey has been completed, with the report submitted in a sealed cover. They emphasized that these measures were necessary to preserve evidence and ensure judicial fairness.
The High Court acknowledged the mosque committee's concerns, emphasizing the need for a balanced approach in adjudicating sensitive matters. Notices have been issued to all respondents, with directions to file counter affidavits within two weeks, followed by a week for rejoinders. Meanwhile, the civil court has been directed to refrain from advancing the case.
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