New Delhi: The Supreme Court on Friday asked the management committee of Shahi Idgah Masjid, Sambhal, to move Allahabad High Court against a trial court order directing a survey of the mosque, claimed to be a temple by Hindu sides.
A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar said, "We do not want anything to happen till they move High Court. The trial court will not give effect to its order."
The CJI directed the district administration that the peace and harmony must be ensured.
A bench was hearing the petition filed by the Sambhal Shahi Jama Masjid Committee challenging the trial court's order passed on November 19 directing an Advocate Commissioner to survey the mosque in a suit which claimed that it was built after destroying a temple.
The plea says the survey was ordered in "hot haste" after a suit before the District Court claimed that the mosque was a temple.
The CJI said, “We will keep this pending, we do not want anything to happen. See section 43 of the mediation act and the district should form mediation committees.
We have to be absolutely neutral and ensure that nothing untoward happens, the court said.
Senior Advocate Huzefa Ahmadi appearing for the Mosque Committee said that 10 such suits are pending.. the operandi is that a survey is ordered and then a story is built.
The CJI said that they have to approach the High Court challenging the order passed by the trial court instead of directly approaching the Supreme Court.
You have to approach the appropriate forum," Justice Khanna said.
Advocate Vishnu Shankar Jain, for the respondents (plaintiffs in the suit), informed the Court that the trial court proceedings are next posted on January 8, 2025.
Ahmadi submitted that the order passed by the trial court was capable of causing "great mischief".
On the first day only, the surveyor is appointed. Please stay..." Ahmadi submitted.
"No further steps in the suit without the permission of the High Court. Trial Court will not take any steps till January 8," the CJI said.
Justice Khanna said, "We feel that the petitioner must challenge the order dated November 19, 2024, in an appropriate forum. In the meantime, peace and harmony must be maintained.
The ASG KM Nataraj assured the same. We also observe that in case any revision petition/miscellaneous petition is preferred, the same would be listed within a period of three working days, the CJI said.
"We clarify we have not expressed any opinion on the merits of the matter. We are not disposing of the present SLP.
Ahmadi requested that the filing of the Advocate Commissioner's report be stopped.
Justice Khanna said that the filing of the report cannot be stopped. However, "The report submitted by the Advocate Commissioner will be kept in a sealed cover and will not be opened."
The CJI said, "We feel that the petitioner must challenge the order of November 19 before an appropriate forum as per the code of civil procedure.
The Trial court is to hear the case on January 8 and we hope and trust that trial court will not proceed with the matter till the matter is listed before the High Court.
Last week, a Civil Judge (Senior Division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner.
The plaintiffs claimed that the Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there.
The survey triggered violence on November 24 which left four persons killed.
The Masjid Committee submitted that the "hot haste" in which the commission survey proceeded gave rise to apprehensions in the minds of the residents of the area, making them come out of their homes.
It was argued that the suit is barred by the Places of Worship Act and the trial court erred in passing the order ex-parte without hearing the mosque side.
The petitioner submitted that the mosque is an ancient monument protected by the ASI.
The petitioner said that it was constrained to approach the Supreme Court directly due to the extraordinary circumstances.
Ahmadi said that the Rampant ordering of surveys where belated claims on Mosques are made is emerging as a pattern, said the Masjid Committee.
It sought directions that no such orders should be routinely passed without hearing the defendants.
Routinely passing such orders will have the tendency to inflame communal passions, create law and order problems and damage the secular fabric of the country, the petitioner said.
The Court relisted the matter to the week commencing January 6, 2025.
