Sambhal Masjid Case | Supreme Court Appeals For 'Peace & Harmony', Asks UP Administration To Consider 'Community Mediation'

In the case concerning the survey of the Sambhal Jama Masjid, the Supreme Court on Friday (November 29) made an appeal to maintain peace and harmony.

The Court orally suggested that the Uttar Pradesh Government form a peace committee for community mediation under Section 43 of the Mediation Act for communal harmony.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar was hearing a petition filed by the Sambhal Shahi Jama Masjid Committee challenging the trial court's order passed on November 19 directing the court commissioner to survey the mosque in a suit which claimed that was built after destroying a temple.

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.

During the hearing today, the CJI orally told Additional Solicitor General KM Nataraj, who was appearing for the State of UP.

"Peace and harmony have to be maintained. We don't want anything to happen. Please also see Section 43 of the new Mediation Act where the district administration has to form peace committees- members of all the groups, just take recourse to that. We have to be absolutely, totally neutral and ensure nothing wrong is done"

Agreeing to the same, the ASG replied:

"We do not want any uncalled-for incident to happen on account of all these things."

The Court today directed the Masjid Committee to approach the High Court against the survey order. Till the petition is listed in the High Court, the trial court was asked to not proceed. The Court also directed to keep the commissioner's report sealed. Detailed report on the hearing can be read here.

Notably, S. 43 of the Mediation Act 2023 provides for 'Community Mediation'. The provision states, "Any dispute likely to affect peace, harmony and tranquillity amongst the residents or families of any area or locality may be settled through community mediation with prior mutual consent of the parties to the dispute"

To initiate the mediation, any of the parties is required to make an application to the concerned authority under Legal Services Authorities Act, 1987, the authority in turn will constitute a panel 3 community mediators.

The following persons can be included in the 3 member panel :

(a) person of standing and integrity who are respectable in the community;

(b) any local person whose contribution to the society has been recognised;

(c) representative of area or resident welfare associations;

(d) person having experience in the field of mediation; and

(e) any other person deemed appropriate.

Adequate women representation in the panel shall also be kept in mind.

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