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Synopsis

A Chief Justice of India Sanjiv Khanna led bench has today asked the Sambhal Shahi Jama Masjid Committee to approach the Allahabad High Court with its petition against the ASI survey ordered by a civil court.

"Isn't it advisable to go under Article 227", the CJI asked Senior Advocate Huzefa Ahmadi, appearing for the Masjid Committee.

The CJI further observed that the instant SLP would be kept pending and said, "We want peace and harmony to be there..".

"The petitioner must challenge the order before an appropriate forum as per law..in the meanwhile peace and harmony must be maintained..In case any appeal is preferred before appropriate forum, it is to be listed within three days and heard..we hope and trust that trial court will not proceed with the matter till the matter is listed before the High Court...we have not expressed any opinion on merits..", the bench also comprising Justice Sanjay Kumar has ordered.

The Masjid Committee moved the Supreme Court seeking a stay on a civil court’s November 19 order directing a survey, to be conducted by the Archeological Survey of India (ASI), of the 16th-century mosque in Uttar Pradesh. A bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar is scheduled to hear the plea tomorrow on November 29, 2024.

They have sought a stay on the civil court's order, arguing that the survey was conducted in “hot haste.” According to the petition, the survey was ordered and completed within a day, followed by another survey with barely six hours’ notice. “The manner in which survey was ordered in this case and has been ordered in some other cases will have an immediate impact in a number of cases across the country that have been filed recently concerning places of worship where such orders will have a tendency to inflame communal passions, cause law and order problems and damage the secular fabric of the country,” the petition alleges.

It has also argued that the suit is barred by the Places of Worship (Special Provisions) Act, 1991, which prohibits the alteration of the religious character of any place of worship as it stood on August 15, 1947.

“The ex parte impugned order which allowed the survey to be conducted has resulted in quite disturbing events and communal tensions, which has so far claimed 6 lives and would further aggravate the communal tension if the order impugned is not stayed. The order impugned and continuance of the suit stands to not only give rise to widespread communal tensions but also threatens the secular and democratic fabric of the nation,” the petition further states, while urging the Supreme Court to establish guidelines to ensure that surveys involving places of worship of different communities are not ordered and executed routinely, particularly without hearing the defendants or providing them adequate time to seek judicial remedies.

The contested November 19 order was issued by Civil Judge (Senior Division) Aditya Singh in response to a suit filed by Advocate Hari Shankar Jain and seven others, alleging that the mosque was constructed on the ruins of a temple dedicated to Lord Kalki, allegedly destroyed during Babur’s invasion. Citing texts like Baburnamah and Ain-e-Akbari, it was argued that the site symbolizes historical Hindu significance and call for unrestricted access for Hindu worshippers.

Civil court had appointed Advocate Ramesh Raghav as a commissioner to conduct the survey and directed him to submit a report by November 29. The initial survey and a subsequent second survey on November 24 in Chandausi town sparked violence. Protesters clashed with police, leading to incidents of stone-pelting and vehicle arson. Four deaths were reported, though an autopsy ruled out police firing as the cause. Authorities imposed prohibitory orders, suspended internet services, and deployed additional forces to contain the violence.

Amid the unrest, a separate plea has been filed in the Allahabad High Court seeking a Special Investigation Team (SIT) probe into the violence that erupted following the court-ordered survey.

Cause Title: Committee of Management, Shahi Jama Masjid, Sambhal vs. Hari Shankar Jain and others