Sambhal Jama Masjid Plea Against Survey Order : Live Updates From Supreme Court Hearing
The Supreme Court will hear today a petition filed by the Sambhal Jama Masjid Committee challenging an order passed by a trial court for the survey of the mosque by an Advocate Commissioner in a suit which claimed that the mosque was built after destroying a pre-existing temple.A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will hear the matter...
The Supreme Court will hear today a petition filed by the Sambhal Jama Masjid Committee challenging an order passed by a trial court for the survey of the mosque by an Advocate Commissioner in a suit which claimed that the mosque was built after destroying a pre-existing temple.
A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will hear the matter today.
The Committee managing the Shahi Jama Masjid at Chandausi (Sambhal, Uttar Pradesh) contended that it was constrained to approach the Supreme Court directly due to extraordinary circumstances. In this regard, it pointed out that the survey had triggered violence on November 24, leading to the death of four persons.
The mosque management argued that the Civil Judge Junior Division passed the order hastily, without issuing notice to them. The suit is barred by the Places of Worship Act 1991, they further argued. They also stated that the mosque was a 16-th century monument protected by the ASI.
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.
Follow this page for Live Updates from today's hearing.
Order: Till the matter is listed before HC, any further proceedings will be in terms of the order passed. We have not expressed any opinion on merits of matter. Re-list in week commencing 6 January. Parties may move application if required.
#BREAKING #SupremeCourt asks the trial court not to proceed in the suit against #Sambhal Jama Masjid, till the mosque committee's petition challenging the survey order is listed in the High Court.
SC also directs to keep the advocate commissioner's report in the sealed cover and not to be opened in the meantime.
"Peace and harmony must be maintained," SC tells UP administration.
CJI: The report submitted by the Advocate Commissioner will be kept in sealed cover and not be opened.
Order: Ld. ASG assures with regard to the same. In case any revision appeal is preferred before appropriate forum, same would be listed within 3 working days. We hope and trust trial court will not further proceed till HC passes appropriate orders.
Order: Some respondents have entered appearance. Petition directed against Civil Judge (Senior Division) order...we feel that petitioner must challenge order before appropriate forum as per CPC and Constitution. Meanwhile, peace and harmony must be maintained.
Ahmadi: 10 suits pending across country...modus operandi is on first day only, surveyor is appointed. Please stay...
CJI: No further steps in the suit without permission of HC. TC will not take any steps till 8th January
Adv Vishnu Shankar Jain appearing for respondents
CJI (to ASG KM Nataraj for District Administration): We don't want to say anything at this stage. We will keep it pending. But please see that peace and harmony is maintained. We have to be absolutely neutral.
CJI: We are not going into merits. We don't want anything to happen in meanwhile...petitioners have right to challenge the order. It's not under Order 41, so you can't file first appeal
Ahmadi: This is capable of great public mischief
Hearing begins
Sr Adv Huzefa Ahmadi (for Sambhal Mosque Committee): Please see the order
CJI: Isn't this order revisable? We may have some reservations, but there is no problem for [...] to entertain one...
The Sambhal mosque matter is listed as item 35. The Court is hearing item 30 now.