'For Peace & Harmony' : Plea In Supreme Court Court To Stop Surveying Of Religious Structures, Enforce Places Of Worship Act

In the wake of the recent controversies relating to Sambhal Jama Masjid and Ajmer Dargah, a writ petition has been filed in the Supreme Court seeking to stop the execution of survey orders issued by Courts against religious structures in contravention of the Places of Worship (Special Provisions) Act 1991.

The petitioners, Alok Sharma and Priya Mishra, seek a direction to restrain States from executing orders issued by Courts to survey religious structures to purportedly ascertain claims that they were built over structures belonging to other religions.

The petitioners seek a direction to the States, High Courts and Trial Courts to follow the Places of Worship Act. They also seek a stay of the survey orders issued by the Courts in such cases.

"The petition appeals to issue instructions to all state governments and the administration of Union Territories that in order to maintain peace and harmony, they should not be in a hurry to comply with the orders of the civil court in such cases. Rather, these cases should be brought before the High Court and the Supreme Court so that the atmosphere in the country does not deteriorate," the petitioner said.

The petitioner stated that the cases related to Ajmer Sharif Dargah, Bhojshala, Sambhal Jama Masjid, Mathura Sri Krishna Janmabhoomi-Masjid and Gyanvapi were spoiling the communal atmosphere of the country and the Supreme Court should intervene to "put a stop to all these cases."

Last week, an order issued by a trial court at Sambhal (UP) for the survey of the Shahi Jama Masjid at Chandausi in a suit which alleged that the 16th-century monument was built over an ancient temple had triggered violence, leading to the death of four persons. A few days later, a court in Rajasthan issued notice on a suit seeking an ASI survey of Ajmer Sharif Dargah on a claim that it was originally a Shiva temple.

The petitioners argue that such litigations are barred by the Places of Worship Act which mandates that status quo should be maintained with respect to religious structures as they existed on August 15, 1947.

Last Friday, the Supreme Court had ordered the Sambhal trial court to defer the proceedings against the mosque till the survey order was challenged in the Allahabad High Court. A bench led by CJI Sanjiv Khanna appealed for peace and harmony and urged the Uttar Pradesh administration to be absolutely neutral.

The petition has been filed through Advocate Narendra Mishra.