New Delhi:

A lower court’s order of a survey at the Mughal-era Shahi Jama Masjid of Sambhal that triggered massive violence in which four people died and many were injured, has been challenged in the Supreme Court. The Masjid Committee has sought an immediate stay on the order and demanded an early hearing from Chief Justice of India Sanjeev Khanna. 

The petitioners have claimed that this is an “extraordinary case”, so the court should take “extraordinary steps”. A bench led by the Chief Justice of India will hear the case tomorrow. 

In response to a petition that claimed that the mosque stands on a temple dedicated to Kalki, the court had ordered a survey on November 19. As the district administration and police carried out the survey, there was criticism from several quarters, including the Jama Masjid management committee.

The situation snowballed on November 24 as a second survey by the Archaeological Survey of India was scheduled. Locals, fearing a demolition of the mosque, gathered to protest and in the violence that followed, four people died and many were injured.

In their petition, the mosque committee has said the civil court had passed one-sided orders and directed survey to be conducted on the same day with undue haste. It did not call for response from the affected parties — the committee and the state government — or conduct any judicial proceedings. 

The manner in which survey was ordered in this case and in some other cases will have an immediate impact in a number of cases across the country that have been filed recently concerning places of worship. Such orders will have a tendency to inflame communal passions, cause law and order problems and damage the secular fabric of the country, the petition contended. 

The Muslim community has strongly opposed the survey, pointing to the Places of Worship Act, 1991. The law maintains that barring Ayodhya, status quo as on August 15, 1947, will have to be maintained for religious structures across the country. 

But in 2023, the Supreme Court had allowed a survey at Varanasi’s Gyanvapi Mosque, with then Chief Justice of India DY Chandrachud arguing that the Places of Worship (Special Provisions) Act, 1991 does not debar ascertainment of the religious character of a place of worship. 

The violence of November 24 in Sambhal and the subsequent decision of a court to hear a similar claim about the Ajmer Dragah has sparked a huge political row which resonated inside parliament and out. Both Lok Sabha and Rajya Sabha were adjourned shortly after they convened today. In the Lok Sabha, Opposition members gathered at the well of the House, raising slogans demanding action against the perpetrators of the Sambhal violence.

Former Jammu and Kashmir Chief Minister and People’s Democratic Party chief Mehbooba Mufti, claiming that the violence at Sambhal, Uttar Pradesh, was the direct result of this judgment, said, “Thanks to a former Chief Justice of India a Pandora’s box has been opened sparking a contentious debate about minority religious places”.

“Despite a Supreme Court ruling that the status quo should be maintained as it existed in 1947, his judgement has paved the way for surveys of these sites potentially leading to increased tension between Hindus and Muslims,” the PDP chief added, citing the top court’s remarks when a bench had decided that a Ram temple can be built in Ayodhya. 

Ziaur Rehman Barq, the Samajwadi Party MP from Sambhal, condemned the move as an attempt to disrupt communal harmony. 

Earlier today, the Uttar Pradesh Police held a flag march in Sambhal ahead of Friday prayers.

Sambhal:

Internet services have been suspended and schools shut after four people were killed in violence over the survey of a mosque in Uttar Pradesh’s Sambhal on Sunday.

Chaos erupted in Sambhal Sunday morning when a court-ordered survey of the Mughal-era Shahi Jama Masjid led to violent clashes between the locals and the police. The mosque is at the centre of a contentious legal battle over claims that it was built on the site of a Hindu temple.

The protesters also set some vehicles on fire and threw stones at the police, who used tear gas and batons to disperse the mob.

In the chaos, about 20 police personnel were also injured. A constable, who suffered an injury to the head, is said to be critical.

Twenty-one people, including two women, have been detained and a probe has been launched, an official said, adding that those accused in the violence would be booked under the stringent National Security Act (NSA).

“The reason for the death of two of them is clear — bullet wounds from countrymade pistols. The reason for the death of the third person is not clear, but it will be after the post-mortem examination,” District Magistrate Rajender Pensiya was quoted as saying by the news agency PTI.

Internet services have been suspended in Sambhal tehsil for 24 hours and the district administration declared a holiday on November 25 for all students up to Class 12.

Officials have also issued a notification prohibiting any outsider, social organization or public representative from entering Sambhal without the orders of the authorities.

The Row Over Mosque Survey In Sambhal

Sambhal has been tense since last Tuesday when the Jama Masjid was surveyed on a local court’s orders following a petition claiming that a Harihar temple stood at the site. The officials said the survey could not be completed on Tuesday and was planned for Sunday morning to avoid interference with prayers that are usually held in the afternoon.

A lawyer for the Hindu side claimed that the temple that once stood at the site was demolished by Mughal Emperor Babur in 1529.

Supporters of the survey argue that it is a necessary step in uncovering historical truths, while critics view it as a provocation that violates the sanctity of religious places as upheld by the Places of Worship Act, 1991.

Despite the violence, officials completed the survey as planned. Advocate Vishnu Shankar Jain, who is a petitioner in the case, said the survey team conducted a detailed examination of the site, supported by videography and photography as per the court’s directives. The survey report is scheduled to be submitted by November 29.

Mr Jain and his father Hari Shankar Jain have earlier represented the Hindu side in many cases related to places of worship, including the Varanasi’s Gyanvapi Mosque-Kashi Vishwanath temple dispute.

Opposition On Mosque Survey In Sambhal

Samajwadi Party (SP) chief Akhilesh Yadav said the Supreme Court should “immediately” take cognizance of the “conspiracy to spread tension in the name of survey”.

“A case of disturbing peace and harmony should be registered against those who took sloganeers with them with the aim of disturbing social harmony and the Bar Association should also take disciplinary and punitive action against them. There was no hope from the UP government and administration, nor is there any now,” he posted in Hindi on X, formerly Twitter.

सर्वे के नाम पर तनाव फैलाने की साज़िश का ‘सर्वोच्च न्यायालय’ तुरंत संज्ञान ले और जो अपने साथ सामाजिक सद्भाव बिगाड़ने के उद्देश्य से नारेबाज़ों को ले गये, उनके ख़िलाफ़ शांति और सौहार्द बिगाड़ने का मुक़दमा दर्ज हो और उनके ख़िलाफ़ ‘बार एसोसिएशन’ भी अनुशासनात्मक और दंडात्मक कार्रवाई… pic.twitter.com/9Fj30K4aLm

— Akhilesh Yadav (@yadavakhilesh) November 24, 2024

Uttar Pradesh Congress chief Ajay Rai said the incidents of violence were “increasing day by day” in the state under the Chief Minister Yogi Adityanath-led government.

The BJP, however, hit back and said that those who do not agree with judicial orders should take legal recourse.

“Nobody has any right to break the law. If a court has passed an order, it will be implemented. The judicial process is available for those who want the order amended,” party spokesperson Nalin Kohli said.