Supreme Court directs Jama Masjid to approach HC in Sambhal mosque survey case, halts trial court hearing

On Friday, November 29, the Supreme Court intervened in the Sambhal Shahi Jama Masjid dispute, directing the Sambhal Trial Court to halt proceedings in the case until the mosque’s petition against a survey order is listed in the Allahabad High Court. The Court also ordered that the report from the Advocate Commissioner, who conducted the survey, remain sealed and not be opened for now.

The case began after the Sambhal Shahi Jama Masjid Committee challenged a trial court ruling from November 19. The ruling had appointed an Advocate Commissioner to survey the mosque in a lawsuit claiming the mosque was built over a destroyed temple. The mosque committee filed a petition, seeking to prevent further action based on the survey.

The bench, led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, emphasized the importance of maintaining peace and harmony in Sambhal District. CJI Khanna stressed that the Court’s role is to remain neutral and avoid actions that could disturb communal relations. He assured Additional Solicitor General KM Nataraj, representing the Uttar Pradesh government, that the Court aimed to avoid any escalation.

The bench directed that the petition from the mosque committee be filed before the High Court within three working days, and the matter should be heard promptly. CJI Khanna also noted that the committee should approach the High Court rather than the Supreme Court directly, pointing out that Article 227 of the Constitution allowed the High Court to review the trial court’s order.

Senior Advocate Huzefa Ahmadi, representing the mosque committee, expressed concerns that the trial court’s order could cause “great mischief,” citing numerous similar cases nationwide where surveys were conducted hastily. The bench responded, stating that no further action would be taken by the trial court until the High Court considers the petition.

The Supreme Court did not dispose of the mosque’s Special Leave Petition (SLP), choosing instead to keep it pending. The Court instructed that no steps should be taken in the trial court without High Court permission, noting that the next hearing in the trial court is scheduled for January 8, 2025. In conclusion, the Court clarified that it had not made any judgment on the merits of the case and only directed procedural delays to maintain peace. The sealed report from the Advocate Commissioner would remain confidential until further proceedings.

On Friday, November 29, the Supreme Court intervened in the Sambhal Shahi Jama Masjid dispute, directing the Sambhal Trial Court to halt proceedings in the case until the mosque’s petition against a survey order is listed in the Allahabad High Court. The Court also ordered that the report from the Advocate Commissioner, who conducted the survey, remain sealed and not be opened for now.

The case began after the Sambhal Shahi Jama Masjid Committee challenged a trial court ruling from November 19. The ruling had appointed an Advocate Commissioner to survey the mosque in a lawsuit claiming the mosque was built over a destroyed temple. The mosque committee filed a petition, seeking to prevent further action based on the survey.

The bench, led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, emphasized the importance of maintaining peace and harmony in Sambhal District. CJI Khanna stressed that the Court’s role is to remain neutral and avoid actions that could disturb communal relations. He assured Additional Solicitor General KM Nataraj, representing the Uttar Pradesh government, that the Court aimed to avoid any escalation.

The bench directed that the petition from the mosque committee be filed before the High Court within three working days, and the matter should be heard promptly. CJI Khanna also noted that the committee should approach the High Court rather than the Supreme Court directly, pointing out that Article 227 of the Constitution allowed the High Court to review the trial court’s order.

Senior Advocate Huzefa Ahmadi, representing the mosque committee, expressed concerns that the trial court’s order could cause “great mischief,” citing numerous similar cases nationwide where surveys were conducted hastily. The bench responded, stating that no further action would be taken by the trial court until the High Court considers the petition.

The Supreme Court did not dispose of the mosque’s Special Leave Petition (SLP), choosing instead to keep it pending. The Court instructed that no steps should be taken in the trial court without High Court permission, noting that the next hearing in the trial court is scheduled for January 8, 2025. In conclusion, the Court clarified that it had not made any judgment on the merits of the case and only directed procedural delays to maintain peace. The sealed report from the Advocate Commissioner would remain confidential until further proceedings.