Sambhal Jama Masjid Committee Approaches Supreme Court Against Survey Order; CJI-Led Bench To Hear Tomorrow

The Sambhal Shahi Jama Masjid Committee has approached the Supreme Court challenging the order passed by a trial court for the commission survey of the mosque in a suit which alleged that it was built after destroying a temple.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will hear the matter tomorrow.

Last week, Civil Judge (Senior Division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner. The plaintiffs claimed that the Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there. The survey triggered violence which left four persons killed.

In the petition, the Masjid Committee submitted that the "hot haste" in which the commission survey proceeded gave rise to apprehensions in the minds of the residents of the area, making them come out of their homes.

It is argued that the suit is barred by the Places of Worship Act and the trial court erred in passing the order ex-parte without hearing the mosque side. The petitioner submitted that the mosque is an ancient monument protected by the ASI.

The petitioner said that it was constrained to approach the Supreme Court directly due to the extra ordinary circumstances.

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.

Case : Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain and others | SLP(C) No.28500/2024