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Sambhal Mosque Case In Supreme Court: What The Petition Demands

Tensions have escalated in Sambhal, Uttar Pradesh, following violent clashes over the centuries-old Shahi Jama Masjid, which left four people dead and dozens injured.

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The Supreme Court, while hearing a plea on Friday challenging the court order permitting the survey of the Shahi Jama Masjid in Sambhal, directed the petitioners to approach the High Court. It also instructed the trial court to refrain from taking any further action until the matter is heard by the High Court.

The plea was filed by the Management Committee of Shahi Jama Masjid, and the matter was heard today by a bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar.

Tensions have escalated in Sambhal, Uttar Pradesh, following violent clashes over the centuries-old mosque, which left four people dead and dozens injured on Sunday. The clashes erupted during a survey of the Shahi Jama Masjid, a 16th-century structure, involving protesters and the police.

The survey was initiated based on a petition claiming that the mosque was built on the site of a demolished temple. The petition alleged that Mughal ruler Babur had destroyed the Hari Har temple in the 1520s to construct the mosque.

Meanwhile, security has been tightened around the mosque ahead of Friday prayers. The Rapid Action Force (RAF) has been deployed, and drones are being used for surveillance to maintain law and order in the district.

What The Petition Seeks

  • Ex-Parte Stay: The plea seeks an ex-parte stay on the November 19 order passed by the civil judge. It argues that the rapid approval and execution of the survey within a single day, followed by a second survey with barely six hours' notice have given rise to "widespread communal tensions".

  • Sudden Second Survey: The plea claims that the second survey of Sambhal mosque was conducted early on November 24 with heavy police presence and no time for the petitioner to seek remedies. It alleges that the rapid progression of the case led to protests in the area. "The hot haste in which the matter proceeded and a subsequent survey was suddenly conducted, gave rise to apprehensions in the mind of the residents of the area, which brought them outside their house. As per reports, the police opened fire at the protesting citizens and six innocent lives have been lost as a result of firing with many injured," it claimed.

  • Regulation Of Surveys: It requests the Supreme Court's direction to ensure that surveys in disputes over places of worship are not conducted without hearing all parties and providing sufficient time for judicial remedies.

  • Historical Context: The plea states that the Shahi Jama Masjid, standing since the 16th century, has been continuously used as a place of worship by Muslims. It points out that there had been no prior dispute until a suit was filed on November 19, 2024, by eight plaintiffs claiming the mosque as "Shri Hari Har Temple."

  • Concerns About The Survey Process: The plea claims that the manner in which the survey was ordered in this case and in some other matters will have an immediate impact on the number of cases recently filed across the country concerning places of worship where such orders will have a "tendency to inflame communal passions, cause law and order problems and damage the secular fabric of the country".

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Sambhal Unrest Following Second Mosque Survey

Tensions have been brewing in Sambhal since November 19, when a court-ordered survey of the Shahi Jama Masjid was carried out. Violence broke out during a second survey of the 16th-century mosque, which was conducted in response to a plea alleging the mosque was built after demolishing a temple. 

The first survey took place on November 19, shortly after the plea was filed, but it was the second visit that triggered unrest. 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.

In response to the violence, Uttar Pradesh Governor Anandiben Patel has established a three-member Judicial Inquiry Commission headed by retired Justice Devendra Kumar Arora of the Allahabad High Court. The commission has been tasked with conducting an investigation to ensure transparency and accountability.

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