Supreme Court’s direction on Sambhal Mosque survey- lower courts should not take any action
The country’s Supreme Court today gave instructions in the case of violence over the survey of Jama Masjid in Sambhal, Uttar Pradesh, that the lower court should not take any action in this case. Along with this, the court asked the Yogi government of the state to make efforts to maintain peace and harmony in the district. While hearing the case, the court told the lower court not to proceed further in this case, until the petition by the mosque committee against the survey order is listed in the Supreme Court. At the same time, the court has also asked the district administration to maintain peace.
Let us tell you, the Sambhal Jama Masjid case was heard by a bench of Chief Justice Sanjeev Khanna and Justice Sanjay Kumar. While hearing the court also asked the petitioner why he came directly to the Supreme Court. Why did he not approach the High Court. This petition has been filed by the mosque committee. It has challenged the order of the local court. The bench told senior advocate Huzefa Ahmadi, representing Sambhal Shahi Jama Masjid Committee, that the court understands that he may have objections to the order passed by the trial court.
To this Ahmadi said that the bench has already seen the trial court’s order. The CJI then said that the court will keep this petition pending and we want peace and harmony and do not want any disturbance. In the meantime, you file whatever remedy is available and we will keep it pending. The Chief Justice said that till then the trial court has no other (action).
During the hearing, the court said that the district administration should form a peace committee and try to create harmony. He said that about 10 such cases are pending across the country, out of which five are from Uttar Pradesh only. Chief Justice Sanjiv Khanna said that advocate Vishnu Shankar Jain, representing the Hindu side, has tried to make submissions before the bench. The CJI further said that we do not want to go into the merits of the case.
To this Jain said that the next date of hearing before the trial court is January 8. We do not want anything to happen in the meantime, that’s all. Nothing should happen. Additional Solicitor General KM Nataraj informed the court that he was representing the district administration and said that they are taking care of everything and all precautions will be taken. The CJI said please ensure that peace and harmony is maintained, and added that we do not want anything to happen. Also follow Section 43 of the new Arbitration Act.
