Sambhal mosque survey: SC bars trial court from passing orders till HC verdict

The Supreme Court also directed the Uttar Pradesh government to maintain peace and harmony in the violence-hit town.

The apex court’s order came on a day when a court in Sambhal gave 10 days’ time to the court-appointed commissioner to submit the report of a survey of the mosque that was done following claims that it was built over an ancient Hindu temple. Civil Judge Aditya Singh fixed January 8 as the next date of hearing.

HC asked to hear Muslim side

In its hearing on Friday, the Supreme Court bench comprising Chief Justice Sanjiv Khanna and Sanjay Kumar ordered the Allahabad High Court to take up the plea of the Muslim side within three working days of its filing.

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"We hope and trust that the trial court will not proceed with the matter till the high court takes up and passes any order in the matter," it said.

Set up peace committee: SC tells UP govt

The bench directed the state government to maintain peace and harmony at Sambhal and set up a peace committee comprising members of both communities.

The top court also asked the Sambhal trial court to not to open any report, which may be filed before it, till the high court took up the matter and passed an order on the plea of the Muslim side.

Survey challenged in court

The bench, which advised the Muslim side to move the high court against the impugned order of the district court, has kept the matter pending and ordered its listing in the week commencing January 6.

The management committee of Sambhal's Shahi Jama Masjid moved the Supreme Court on Thursday (November 28), challenging the November 19 order of the district court directing survey of the Mughal-era mosque while seeking an ex-parte stay on the operation of the November 19 order passed by the civil judge.

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Tension has been brewing in Sambhal since November 19 after a court ordered survey of the Shahi Jama Masjid was carried out following claims that a Harihar temple previously stood at the site.

On November 24, protesters gathered near the mosque and clashed with security personnel, leading to stone pelting and arson. Four people died and several others were injured in the violence.

What Civil Judge told commissioner?

During Friday’s hearing, when court-appointed commissioner Rakesh Singh Raghav informed Civil Judge Singh that he has not prepared the survey report yet, the latter asked Raghav to prepare it within 10 days while stating that he will not get another chance to visit the spot.

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"The court was informed that the survey report had not been completed and additional time was needed. The court granted the request and set the hearing date for January 8," Raghav told the media.

Mosque Committee's lawyer Amir Hussain said both Hindu and the Muslim sides were present in the court besides the court commissioner, who had inspected the spot.