Sambhal mosque dispute
Sambhal mosque dispute: The Supreme Court is set to hear a petition on Friday submitted by the management committee of the Shahi Jama Masjid in Sambhal, contesting a district court’s order from November 19 that mandated a survey of the historic mosque.
In parallel, the Governor of Uttar Pradesh, Anandiben Patel, has established a three-member Judicial Inquiry Commission, led by retired Justice Devendra Kumar Arora of the Allahabad High Court, to investigate a recent stone-pelting incident in Sambhal, with an emphasis on ensuring a transparent and thorough inquiry. The commission will also include retired IAS officer Amit Mohan Prasad and retired IPS officer Arvind Kumar Jain.
As per the cause list dated November 29 available on the Supreme Court’s website, a bench presided over by Chief Justice Sanjiv Khanna is scheduled to review the committee’s petition. The petition requests an ex-parte stay on the enforcement of the November 19 order issued by the civil judge.
The petition asserts that the rapid manner in which the survey was authorized and executed, along with a subsequent survey conducted with only six hours’ notice, has exacerbated communal tensions and poses a threat to the secular and democratic principles of the nation.
Tensions have escalated in Sambhal, Uttar Pradesh, since the court-ordered survey of the Shahi Jama Masjid on November 19, which was initiated following assertions that a Harihar temple once existed at that location.
Violence broke out on November 24 when demonstrators congregated near the mosque, resulting in clashes with security forces, stone pelting, and arson. The unrest led to four fatalities and numerous injuries.
The Supreme Court petition contends that the manner in which the survey was conducted in this instance, as well as in other similar cases, could significantly influence the growing number of legal actions across the nation regarding places of worship. It warns that such orders may incite communal tensions, disrupt public order, and undermine the secular fabric of the country.
A request has been made for the survey commissioner’s report to be maintained in a sealed cover, with the current situation at the Sambhal mosque preserved until a resolution is reached.
Additionally, the petition seeks the Supreme Court’s guidance to ensure that surveys are not routinely ordered and conducted in cases of disputes over places of worship without first hearing from all involved parties and allowing adequate time for those affected to pursue judicial remedies against the survey order.
The petition highlights that the Shahi Jama Masjid in Chandausi, Sambhal, has been in existence since the 16th century and has continuously served as a place of worship for Muslims.
It further notes that on November 19, the civil judge conducted an ex-parte hearing of the suit and promptly approved the application for appointing an advocate commissioner to survey the mosque.
The petition asserts that the order issued on November 19, 2024, lacked any justification for considering the application ex-parte and for granting it on the same day.
It is clear that the aforementioned order mandates a survey “as per the application” without providing any rationale or specific terms of reference for the survey.
A three-member judicial panel has been established to investigate the stone-pelting incident in Sambhal. The Governor has deemed it essential to conduct an inquiry in the public interest regarding the violent events that occurred on November 24 during the survey of the disputed Jama Masjid-Harihar Mandir site in Sambhal Town, which resulted in injuries to numerous police personnel, the loss of four lives, and damage to various properties, as stated in the order.
In light of the extensive nature of the subject matter and to promote transparency and the quality of the investigation, the Governor, exercising the authority granted by Section 3 of the Commission of Inquiry Act, 1952 (Act No. 60 of 1952), hereby establishes a three-member Judicial Inquiry Commission, which will be chaired by Justice Devendra Kumar Arora (Retired), High Court, Allahabad.
The directive stipulates that the commission is tasked with delivering a report on whether the incident was premeditated or occurred spontaneously, as well as evaluating the adequacy of law and order measures implemented by the district administration and police.
Furthermore, the commission is required to complete its inquiry within two months from the date of this notification, unless an extension is granted by the government.
