NEW DELHI: The Supreme Court on Friday told the Sambhal Shahi Jama Masjid committee to approach the Allahabad High Court and restrained the district court from acting upon a survey ordered in suit claiming building of the mosque on a pre-existing temple.
SC Orders Sambhal Masjid Survey Report Sealed Amid Communal Tensions
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 to be kept in sealed cover.
Shahi Jama Masjid Committee Told to Approach Allahabad HC Over Dispute
"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 now, 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.
The court also ordered in case any revision application is filed, it should be heard within three days before the High Court, the bench ordered.
Initially, the bench felt it has got 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 directed the plaintiff not to file any papers before the district court.
It also ordered the advocate commissioner's report should be kept in sealed cover.
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 claimed the survey was directed in "the hot haste". It was 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 plaintiffs claimed Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing Shri Harihar temple.
