New Delhi: The Supreme Court on Friday asked the Sambahl trial court not to pass any order related to the survey of a Mughal-era mosque while directing the Uttar Pradesh government to maintain peace and harmony in the violence-hit town.
A 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.
“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.
The Supreme Court’s order came on a plea filed by the Sambhal Shahi Jama Masjid Committee challenging the order passed by the trial court commissioning the survey of the mosque. The trial court order came following claims that the mosque was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there.
The top court said the petition filed by the mosque committee before the High Court should be listed within three working days. The Supreme Court, however, kept the committee’s plea before it pending and ordered it to be listed in the week starting January 6, 2025.
“We clarify we have not expressed any opinion on the merits of the matter. We are not disposing of the present plea. Re-list in the week commencing January 6, 2025,” the court said.
Appearing for the mosque committee, senior advocate Huzefa Ahmadi told the top court that the trial court order was capable of causing “great public mischief”. “Ten suits are pending across the length and breadth of the country… the modus operandi is on the first day only, the surveyor is appointed,” he said.
The Supreme Court asked the trial court to not take any steps till January 8 while asking the district administration to ensure peace and harmony. “We do not want anything to happen. See Section 43 of the mediation act… the district should form mediation committees. We have to be absolutely neutral,” the court further said.
