The Sambhal Shahi Jama Masjid Committee is taking its fight against a controversial mosque survey to India’s highest court. Following a November 19th order from a lower court in Sambhal, Uttar Pradesh, mandating a survey of the Shahi Jama Masjid, widespread violence erupted, leading to the tragic deaths of four individuals and widespread chaos. The Masjid Committee has now filed a petition with the Supreme Court of India, challenging the lower court’s decision.
The original suit, filed in the trial court, claimed that the Shahi Jama Masjid in Chandausi was constructed in 1526 by Mughal emperor Babar after the demolition of a pre-existing Hindu temple. A Civil Judge (Senior Division) issued an ex-parte order—meaning without hearing the mosque committee’s side—for the survey to be conducted by an advocate commissioner. This sparked immediate outrage and protests culminating in violent clashes last week.
The ensuing violence resulted in four fatalities and widespread condemnation, particularly from opposition parties who criticized the Yogi Adityanath-led Bharatiya Janata Party (BJP) government’s handling of the situation and accusations of targeting minority communities. Authorities have responded by arresting 25 individuals, including prominent figures such as Zia-ur-Rahman Barq, a Samajwadi Party MP from Sambhal, Sohail Iqbal (son of local MLA Iqbal Mehmood), and over 2,750 unidentified individuals.
The Supreme Court petition, reported by LiveLaw, argues that the hasty manner in which the survey was ordered, without giving the mosque committee a chance to respond, fueled public apprehension and fear leading to the violent protests. The petition contends that the original suit is invalid under the Places of Worship (Special Provisions) Act, 1991, a law designed to maintain the religious character of places of worship as they existed in 1947. The committee also points out the mosque’s status as an ancient monument protected by the Archaeological Survey of India (ASI).
The petition further highlights a concerning pattern of such surveys being ordered in response to belated claims against mosques, without affording the defendants a proper hearing. The Masjid Committee’s direct appeal to the Supreme Court is justified by the extraordinary and sensitive nature of the situation and the potential for further unrest. The petition seeks a court order preventing similar ex-parte orders in such cases, ensuring a fair hearing and preventing further violence.
A parallel Public Interest Litigation (PIL) has already been filed in the Allahabad High Court, demanding a Central Bureau of Investigation (CBI) probe into the Sambhal violence. The Supreme Court, comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, is scheduled to hear the Masjid Committee’s petition on November 29th. The outcome of this hearing will have significant implications for religious harmony and the legal framework governing disputes related to religious places in India.
