Sambhal masjid case: SC asks petitioner committee to approach HC first, keeps tab open
In a litmus test for the Places of Worship Act, the Supreme Court has asked the management committee of the Shahi Jama Masjid to approach the Allahabad High Court first.
The Leaflet
Published on: 29 November 2024, 12:58 pm
ON Friday, the Supreme Court interdicted the civil judge, Sambhal, from hearing a suit concerning the survey of Shahi Jama Masjid at Chandausi, Sambhal till the appeal filed by the management committee, Shahi Jama Masjid, Sambhal, is listed before the Allahabad High Court.
A two-judge Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice P.V. Sanjay Kumar passed the Order to this effect while hearing a special leave petition filed by the management committee, Shahi Jama Masjid, Sambhal challenging the Order of the civil judge on November 19, 2024, appointing an advocate commissioner for a survey of the mosque. The civil judge had passed the Order ex parte.
Article 136 of the Indian Constitution confers discretionary jurisdiction on the Supreme Court to grant special leave to appeal against any judgment, decree, determination, sentence or Order in any cause or matter passed or made by any court or tribunal in the territory of India.
At the outset, the Bench said even though it had reservations about the Order of the civil judge, it would advise the petitioner to approach the high court first. The Bench added that it would, however, keep the special leave petition pending with it.
The Bench said even though it had reservations about the Order of the civil judge, it would advise the petitioner to approach the high court first.
The Bench also directed that the survey report of the advocate commissioner should be kept in a sealed cover.
Further, the Bench asked the Uttar Pradesh government to ensure peace and harmony are maintained in the town and that the government behaves in an “absolutely neutral” manner. The Bench suggested the formation of a peace and harmony committee in the town.
Senior advocate Huzefa A. Ahmadi appeared for the petitioner, assisted by advocate-on-record Fuzail Ahmed Ayyubi.
Explaining the reason for coming directly to the Supreme Court, Ahmedi said ten such suits are pending all over the country. The modus operandi, Ahmedi said, is that a survey is ordered and then a “story is built”.
