New Delhi. A hearing was held in the Supreme Court on Friday against the inspection order issued by the civil judge of Jama Masjid in Sambhal. This case was heard by a two-member bench headed by CJI Sanjeev Khanna. During this, the high court has expressed objections to the lower court. The Supreme Court has clearly said that it wants peace and harmony.
The Supreme Court directed the lower court not to proceed with the case until the Shahi Eidgah Committee of Sambhal Masjid filed a petition in the High Court. At the same time, it has also ordered to keep the report of the Commissioner Ombudsman in a sealed envelope and not to open it during this period.
The CJI said we have some objections to the order but it is not under the jurisdiction of the High Court under Article 227. Let it remain pending. We want peace and harmony. Until you present arguments, the lower court should not take any action. Advocate Vishnu Jain said the next trial court date is on the 8th. The CJI told the Sambhal district administration that peace and harmony must be ensured. We will leave it pending, we don’t want anything to happen. See Section 43 of the Arbitration Law and see that districts must form arbitration committees. We have to remain absolutely neutral and ensure that nothing untoward happens.
The CJI said that we are not going to rely on the merits of the case. The petitioners have the right to challenge the order. This is not under Order 41, so you cannot file the first appeal. The next hearing in this case will take place before the Supreme Court on January 6.
In this petition, the committee maintaining Shahi Jama Masjid has demanded a stay of the civil judge’s unilateral order of November 19. The committee has said in the petition that a petition claiming that the mosque was the Harihar temple was filed before the Sambhal court on November 19. On the same day, the civil judge of the Superior Chamber heard the case and, without listening to the Mosque Committee, appointed Attorney Commissioner of the Inspection. The Ombudsman Commissioner arrived for the survey on the afternoon of the 19th and the survey was conducted again on the 24th.
The petition says that due to the speed with which the entire process unfolded, suspicion spread among people and they left their homes. After the crowd became angry, police fired shots, killing five people. The petition further said that the Shahi mosque has been there since the 16th century. The order to inspect such an ancient religious building is against the Law on Places of Worship and the Law on Ancient Monuments and Archaeological Sites. Even if this survey was necessary, it should not have been done in a single day without listening to the other side.
The petition asks the Supreme Court to stay the lower court’s order and proceedings. The survey report should be kept in a sealed envelope for the time being. The petition demands that the Supreme Court also order that in these types of religious disputes an inquiry should not be ordered without hearing the other side. The petition filed before the Supreme Court has said that such orders are likely to incite communal sentiments, cause law and order problems and damage the secular fabric of the country.
The first hearing did not take place today in the High Division court of Civil Judge Chandausi, Sambhal in the case claiming that Shahi Jama Masjid in Sambhal is the Harihar temple. The survey report was expected to be presented in court today. The police administration had taken strict security measures in this regard. On November 19, in the court of Senior Civil Judge, Chandausi, Sambhal, eight litigants, including Mahant Rishiraj Giri of Kaila Devi Temple, Harishankar Jain, filed a complaint against six persons in connection with Shahi Jama Masjid of Sambhal It was the Harihar Temple.
On the same day, the court appointed court commissioner Ramesh Singh Raghav, ordered a survey (commission) to be held and fixed the hearing for November 29. The Court Commissioner had contacted Shahi Jama Masjid that same night with his team to conduct the survey. After this, last Sunday morning, when DM and SP arrived again to conduct the survey under protection, a riot ensued in Sambhal in which five people lost their lives.
