Supreme Court to hear Sambhal mosque committee's challenge against controversial survey order tomorrow

The Sambhal Shahi Jama Masjid Committee has approached the Supreme Court of India challenging the November 19 order passed by a trial court for the survey of the mosque which led to widespread chaos and violence in the area. The suit in the trial court had alleged that the mosque was built after destroying a temple.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will hear the matter on November 29, according to legal news website LiveLaw.

Last week, Civil Judge (Senior Division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner. The plaintiffs claimed that the Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there. The survey triggered violence which left four persons killed.

On Sunday, violence erupted at the site as a mob gathered outside the Mughal era-mosque to protest against a court-ordered survey. Four people were killed in the incident, drawing sharp reactions from the Opposition parties who accused Chif Minister Yogi Adityanath-led Bharatiya Janata Party (BJP) government of targeting minorities.

25 arrested so far

Police have so far arrested 25 rioters in connection with the violence. The accused include Zia-ur-Rahman Barq, the Samajwadi Party MP from Sambhal Sohail Iqbal, son of the party’s local MLA Iqbal Mehmood and over 2,750 unidentified individuals.

In the petition before the Supreme Court, the Masjid Committee submitted that the "hot haste" in which the commission survey proceeded gave rise to apprehensions in the minds of the residents of the area, making them come out of their homes, Live Law said.

It is argued that the suit is barred by the Places of Worship Act and the trial court erred in passing the order ex-parte without hearing the mosque side. The petitioner submitted that the mosque is an ancient monument protected by the ASI.

The petitioner said that it approached the Supreme Court directly due to the extraordinary circumstances. The Masjid Committee said that ordering of surveys where belated claims on Mosques are made is emerging as a pattern.

The petition has sought directions that no such orders should be routinely passed without hearing the defendants.

A PIL has already been filed in Allahabad High Court seeking an investigation by Central Bureau of Investigation into the violence in Sambhal.