On Friday, November 29, the Supreme Court intervened in the ongoing dispute over the Shahi Jama Masjid in Sambhal, Uttar Pradesh, directing the local trial court to temporarily halt the proceedings of a controversial survey ordered on November 19. The court also called on the Uttar Pradesh government to take necessary steps to ensure peace and harmony in the violence-hit town.
The dispute erupted after a Hindu petition claimed that the mosque, built by Mughal emperor Babur in 1526, was constructed on the site of a demolished Hindu temple. Following this claim, a civil judge in Sambhal ordered an ex-parte survey of the mosque and appointed an advocate commissioner to carry it out. This order led to significant unrest in the area.
Violence broke out on November 24, when clashes occurred between protesters and security forces, resulting in six deaths and several injuries. In light of these developments, the Supreme Court, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, emphasized the need to maintain peace in the region. The Court instructed that the survey report prepared by the court commissioner be sealed and not disclosed until further instructions. The Court also directed that the Shahi Jama Masjid Committee’s petition challenging the survey order be heard by the Allahabad High Court within three working days.
Chief Justice Khanna noted that the petitioner (mosque committee) should challenge the November 19 order in an appropriate forum and stressed that maintaining peace was the priority. The Court further clarified that the trial court’s proceedings, scheduled for January 8, 2025, would not continue until the High Court addresses the matter. The Supreme Court did not comment on the merits of the case.
The mosque committee, represented by senior advocate Huzefa Ahmadi, had argued that the survey could exacerbate communal tensions and sought the Supreme Court’s intervention. In response, the bench advised the committee to approach the Allahabad High Court under Article 227 of the Constitution, which grants the High Court supervisory authority over lower courts.
The Court also instructed the state administration to form a peace committee with representatives from both communities to promote stability in Sambhal. The Additional Solicitor General assured the bench that the state was committed to maintaining order in the region.
