On November 29, 2024, the Supreme Court intervened in the legal proceedings concerning the Sambhal Jama Masjid, directing the Sambhal Trial Court to halt any further action in the case until the petition filed by the Masjid Committee against the survey order is addressed by the High Court. The petition challenges the trial court’s ex-parte order, which mandated a survey of the mosque by an advocate commissioner.
A bench consisting of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar emphasized the importance of maintaining peace and harmony among communities in the Sambhal District. The Court also ordered that the report produced by the Advocate Commissioner, which resulted from the survey, be kept sealed and not opened in the interim.
The Court’s decision came in response to a petition filed by the Sambhal Shahi Jama Masjid Committee, which raised concerns over the procedure followed by the trial court. The mosque committee argued that the order for the survey was hastily passed without hearing their side and claimed that it violated the Places of Worship (Special Provisions) Act, which bars alterations of religious character at places of worship.
While acknowledging the need for a resolution, CJI Khanna stressed the importance of approaching the appropriate legal forum — in this case, the High Court — to challenge the trial court’s order. The bench also took note of the broader implications of the case, given the tensions it had caused in the area, which recently saw violent clashes leading to fatalities.
The matter will now be pending before the High Court, and the Supreme Court has made it clear that no further steps shall be taken by the Trial Court until January 8, 2025.
The controversy centers around the claim that the Shahi Jama Masjid in Chandausi, built by Mughal Emperor Babar in 1526, was constructed after demolishing a temple. This issue has sparked tension in the region, culminating in violence after the survey was ordered.
The Court’s careful handling of the matter reflects the need for both legal precision and societal peace amid sensitive religious disputes.
Lawcutor 