Supreme Court urged maintaining peace and harmony while halting any further actions by the trial court.
New Delhi:
The Supreme Court today directed the management committee of the Shahi Idgah Masjid in Uttar Pradesh’s Sambhal to approach the Allahabad High Court to challenge the trial court’s order. A trial court’s order had mandated a survey of the mosque based on claims by Hindu petitioners that a temple previously existed at the site. The Supreme Court urged maintaining peace and harmony while halting any further actions by the trial court until the High Court has an opportunity to hear the matter.
“Peace and harmony must be ensured. We will keep this pending. We do not want anything to happen. We have to be absolutely neutral and ensure that nothing untoward happens,” said Chief Justice of India Sanjiv Khanna.
The Supreme Court ordered the Allahabad High Court to hear the plea filed by the mosque management committee within three working days of submission. The court also noted that the trial court hearing scheduled for January 8 would not proceed until the High Court has reviewed the case.
Violent Clashes
Chaos erupted in Sambhal earlier this week as the court-ordered survey of the mosque led to violent clashes between the locals and the police, leading to the deaths of several individuals.
The violence, police said, started when a crowd gathered near the mosque as the survey team, led by an “Advocate Commissioner,” began its work.
READ | 16th Century Mosque, A City On Fire: Sambhal Violence Explained
The crowd swelled to nearly a thousand people, and they tried to prevent the police from entering the mosque. Some people in the crowd threw stones at the police personnel stationed at the site. The mob also set ablaze more than ten vehicles. The police responded with tear gas. In the chaos, several were killed and over 30 police personnel were injured.
Following the violence, the Uttar Pradesh government announced a three-member judicial inquiry commission to investigate the riots. The commission has been directed to submit its report within two months.
Security in Sambhal was heightened today as well in light of Friday prayers and the submission of the ASI survey report to the trial court.
Samajwadi Party MP from Sambhal, Zia Ur Rahman Barq, welcomed the Supreme Court’s decision, describing it as a crucial step toward restoring peace.
“I am happy that the Supreme Court has taken this decision. We will soon file a new petition in the Supreme Court demanding that the Sambhal incident be investigated by a commission headed by a sitting judge of the Supreme Court. We will very soon file a petition in the Supreme Court,” said Mr Barq, who is among 400 others charged over the violence.
Bone Of Contention
The controversy erupted when a petition was filed in Sambhal by advocate Vishnu Shanker Jain and others. Mr Jain, also known for his involvement in the Gyanvapi Mosque and Krishna Janmabhoomi disputes, claimed that the Jama Masjid was built on the ruins of a temple dedicated to Lord Kalki. The petition alleged that the mosque was constructed after the destruction of the temple during Babur’s invasion in 1526-27. The petitioners argue that historical texts such as “Baburnamah” and “Ain-e-Akbari” document the destruction of the temple by Babur.
The plea claims that the temple was built by the Hindu mythological figure Vishwakarma at the beginning of the universe. Babur’s forces allegedly destroyed the temple partially and converted it into a mosque to establish Islamic supremacy. The petition further criticises the Archaeological Survey of India (ASI) for failing to take control of the site, as it is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The petitioners demand unrestricted access to the mosque for Hindus, claiming their right to worship was being unlawfully denied.
In response to the petition, the court ordered a survey of the mosque on November 19, 2024. Advocate Commissioner Ramesh Raghav, along with the district administration and police, carried out the survey the same day. This rapid action drew criticism from several quarters, with claims of judicial overreach and procedural irregularities.
The Muslim community, including the Jama Masjid management committee, strongly opposed the survey. They pointed to the Places of Worship Act, 1991, which prohibits altering the status of any religious site as it existed on August 15, 1947. Ziaur Rehman Barq, the Samajwadi Party MP from Sambhal, condemned the move as an attempt to disrupt communal harmony.
