In the Sambhal Jama Masjid survey case, the Supreme Court urged peace and recommended forming a community mediation committee under Section 43 of the Mediation Act to foster communal harmony.
In a significant hearing on Friday, November 29, the Supreme Court of India addressed the escalating tensions surrounding the survey of the Sambhal Jama Masjid. The bench, comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, made a heartfelt appeal for peace and communal harmony. The Court suggested that the Uttar Pradesh Government explore forming a community mediation committee under Section 43 of the Mediation Act to resolve disputes amicably.
The petition was brought forth by the Sambhal Shahi Jama Masjid Committee, challenging a trial court’s decision to conduct a survey of the mosque, a move that has fueled unrest in the region.
Supreme Court’s Observations
- The Court emphasized the need for sensitivity and caution when handling disputes concerning religious sites, as these cases often risk inflaming communal tensions.
- Observing the situation, the Court remarked on the value of dialogue and mutual understanding as tools for resolving such disputes without escalating conflicts.
- The bench underlined the judiciary's role in preserving harmony and fostering peaceful coexistence among diverse communities.
Proposed Community Mediation
- The Court recommended the formation of a community mediation committee under Section 43 of the Mediation Act, empowering the Uttar Pradesh Government to intervene constructively.
- Purpose of the Mediation Committee:
- To bring together representatives of all involved communities.
- To engage in meaningful dialogue and foster mutual respect.
- To achieve a resolution that balances competing interests and maintains harmony.
- Section 43 of the Mediation Act:
- Provides a framework for community-based conflict resolution.
- Encourages local solutions through dialogue and mediation instead of adversarial litigation.
- Promotes social harmony by addressing disputes collaboratively.
The Court emphasized that mediation in sensitive cases like this could serve as a model for resolving similar disputes across the country.
Background of the Case
- The petition by the Sambhal Shahi Jama Masjid Committee challenges the trial court's order to conduct a survey of the mosque, citing concerns over the implications of such a move on communal harmony.
- Tensions have been rising in the region, with the potential to escalate further without timely and effective interventions.
Impact of Supreme Court's Suggestions
- Reducing Tensions: The recommendation for community mediation reflects the judiciary’s proactive approach to addressing communal disputes before they spiral out of control.
- Promoting Harmony: By facilitating dialogue-based resolutions, the Court has reaffirmed the need for peaceful coexistence in a diverse society.
- Setting a Precedent: If implemented effectively, this approach could become a template for conflict resolution in cases involving religious sites, reducing the reliance on protracted legal battles.
Case Title: Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain and others | SLP(C) No.28500/2024
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