Supreme Court Orders Status Quo, Disallows Puja in Sambhal Masjid Row

The Supreme Court of India, in a critical ruling on January 10, 2025, directed that the notice issued by the Sambhal Nagar Palika concerning the well near the Shahi Jama Masjid at Sambhal should not be executed. The case, entangled with historical and communal undertones, highlights the Court's commitment to maintaining peace and harmony while addressing complex legal questions surrounding property and religious rights.

Bench Composition and Proceedings

• A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar issued the ruling while hearing the petition filed by the Sambhal Shahi Jama Masjid Committee.
• The petition challenged the November 19, 2024, trial court order directing a survey of the mosque, based on claims that the structure was built after demolishing an ancient temple.

Arguments Presented

• Senior Advocate Hufeza Ahmadi, representing the Mosque Committee, highlighted concerns regarding the Nagar Palika's notice, which referred to the well as "Hari Mandir."
  • He submitted: "Now what they say is – in the notice it is called 'Hari Mandir,' now they will start using it for pooja, bathing, etc."
  • Ahmadi argued that the well was partially within the mosque premises and primarily used for the mosque's purposes.
• CJI Sanjiv Khanna questioned the potential harm in allowing others to use the well but emphasized ensuring that peace and harmony were maintained.
• Advocate Vishnu Shankar Jain, representing the plaintiffs, contended that the well was outside the mosque premises and should not be part of the Supreme Court's review.
• Senior Advocate R Balasubramanian, appearing for the State of Uttar Pradesh, argued that the situation was peaceful, while Ahmadi accused the state of being partisan.

Court's Interim Orders

1. Stay on Municipality Notice: The Court restrained the Sambhal Nagar Palika from executing its notice regarding the well until February 21, 2025.
   • "Issue notice returnable to 21 Feb 2025, notice accepted by Respondents. In the meanwhile, Respondents will not give effect to the notice," the bench directed.
2. Peace and Harmony Emphasized: The Court reaffirmed its commitment to communal harmony and directed a status report to be filed within two weeks.
3. Sealed Report of Advocate Commissioner: The Court reiterated its earlier direction to keep the survey report of the mosque in a sealed cover until further orders.
4. Formation of Peace Committee: The Court suggested forming a community mediation committee under Section 43 of the Mediation Act to foster harmony.

Background of the Case

• November 2024: The Civil Judge (Senior Division) of Sambhal ordered an ex-parte survey of the mosque by an Advocate Commissioner.
• Plaintiffs alleged that the mosque, constructed by Mughal Emperor Babar in 1526, replaced a temple.
• The survey order triggered violence on November 24, 2024, resulting in the deaths of four individuals.
• The Masjid Committee argued that the survey violated the Places of Worship Act, 1991, and the trial court erred by issuing the order without hearing their side.
• The mosque was described as an ancient monument protected by the Archaeological Survey of India (ASI).

Concerns Raised by the Petitioners

• The Masjid Committee expressed concerns about a pattern of belated claims on mosques, leading to a surge in survey orders.
  • "Routinely passing such orders will inflame communal passions, create law and order problems, and damage the secular fabric of the country," the petition stated.
• They sought directions to ensure that such orders are not issued without providing the defendants an opportunity to be heard.

Larger Context and Legal Precedents

• On December 12, 2024, the Supreme Court, while hearing cases related to the Places of Worship Act, 1991, directed lower courts to refrain from passing effective interim or final orders in disputes involving mosques, such as Gyanvapi, Mathura Shahi Idgah, and Sambhal Jama Masjid.
• The Court emphasized the need to preserve communal harmony and prevent the misuse of legal mechanisms.

Case: Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain and others

Source: Live Law, Hindustan Times