Sambhal Case: Supreme Court Halts Proceedings Citing 'Peace And Harmony', Allahabad HC To Hear Mosque Committee's Plea Against Survey Order

On Friday (29 November), the Supreme Court directed the trial court in Sambhal not to proceed with a suit concerning the Shahi Jama Masjid at Chandausi until the Masjid Committee's petition against the survey order is listed in the Allahabad High Court.

A bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar emphasised the importance of communal harmony. Additionally, the court specified that the Advocate Commissioner's survey report would remain sealed and unopened until further directives.

The petition stems from a 19 November, ex-parte trial court order directing a survey of the mosque following claims it was built by demolishing a temple in 1526 during Mughal rule. The Masjid Committee argued the trial court acted hastily without hearing their side, raising fears of inflaming communal tensions.

CJI Khanna highlighted the need for neutrality in such matters, stating,
"Peace and harmony have to be maintained. We don't want anything to happen. We have to be absolutely, totally neutral and ensure nothing wrong is done."

The bench advised Senior Advocate Huzefa Ahmadi, representing the Masjid Committee, to first approach the Allahabad High Court under Article 227 of the Constitution.

While the petition will remain pending in the Supreme Court, the bench clarified that no further steps in the suit could proceed until 8 January 2025, when the trial court is scheduled to reconvene.

The CJI further directed that any petition filed by the mosque’s representatives in the High Court should be listed within three working days, LiveLaw reported.

Ahmadi criticised the trial court’s order for its potential to disrupt peace, remarking, "The order is capable of causing great mischief. Ten such suits are pending across the country. On the first day itself, a surveyor is appointed. This pattern inflames passions, creating law and order problems."

He added that the Places of Worship Act bars such claims and argued that the mosque is a protected ancient monument under the Archaeological Survey of India (ASI). Ahmadi also urged the Supreme Court to issue guidelines to prevent courts from passing similar ex-parte survey orders.

Advocate Vishnu Shankar Jain, representing the respondents, stated that the trial court proceedings were next scheduled for 8 January 2025, and defended the necessity of the survey. In response, the Supreme Court directed that no trial court action be taken until the High Court addresses the Masjid Committee's petition.

The petitioners also claimed that the mosque, designated as an ancient monument protected by the ASI, is shielded by the Places of Worship Act. They contended that such disputes, if allowed to proliferate, could undermine the country's secular values.