In a significant development in the Shahi Idgah Mosque case in Uttar Pradesh’s Sambhal, the Supreme Court has directed the mosque’s management committee to approach the Allahabad High Court to challenge a trial court’s order. The trial court had called for a survey of the mosque after Hindu petitioners claimed a temple previously stood at the site.
Chief Justice of India (CJI) Sanjiv Khanna emphasized the need for restraint and maintaining peace, temporarily halting further proceedings until the High Court hears the matter.
“Peace and harmony must be ensured. We will keep this pending. We do not want anything to happen. We have to be absolutely neutral and ensure that nothing untoward happens,” said CJI Khanna.
The trial court’s next hearing, initially scheduled for January 8, has also been deferred.
Sambhal Violence: Several Dead, Over 30 Injured
Tensions escalated earlier this week when the court-ordered survey of the mosque led to violent clashes between locals and the police. The unrest resulted in multiple deaths and injuries to over 30 police personnel.
The violence erupted as the survey team, led by an “Advocate Commissioner,” began its work. A large crowd gathered near the mosque, opposing the survey and attempting to prevent the police from entering the premises.
Reports indicate that the crowd swelled to nearly a thousand people, some of whom resorted to stone-pelting. The mob also set over ten vehicles on fire. In response, police used tear gas to disperse the gathering, further intensifying the chaos.
The Uttar Pradesh government has since announced a three-member judicial inquiry commission to investigate the incident. The commission has been tasked with submitting its findings within two months. Security has been heightened in Sambhal, especially during Friday prayers and as the Archaeological Survey of India (ASI) prepares to submit its report to the trial court.
Claims of a Lost Temple in Sambhal
The dispute began when advocate Vishnu Shanker Jain and others filed a petition in Sambhal. Known for his involvement in other high-profile cases like the Gyanvapi Mosque and Krishna Janmabhoomi disputes, Jain claimed that the Shahi Idgah Mosque was built over the ruins of a temple dedicated to Lord Kalki.
According to the petition, the temple was constructed by Vishwakarma, a figure from Hindu mythology, at the beginning of the universe. The mosque, they allege, was erected after the temple was partially destroyed during Babur’s invasion in 1526-27. The petition references historical texts, including the Baburnamah and Ain-e-Akbari, to support these claims.
Petitioners also accused the Archaeological Survey of India (ASI) of failing to protect the site, which they argue qualifies as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The plea demands unrestricted access to the mosque for Hindus, asserting their right to worship is being unlawfully denied.
The Muslim community, including the Shahi Idgah Mosque management committee, has strongly opposed the survey. They argue that such actions violate the Places of Worship Act, 1991, which maintains the status quo of all religious sites as they existed on August 15, 1947.
Samajwadi Party MP Ziaur Rehman Barq condemned the survey, describing it as an attempt to disrupt communal harmony in the region.
Survey Sparks Legal and Social Debate
The trial court ordered the survey on November 19, 2024, leading to swift action by Advocate Commissioner Ramesh Raghav, along with district officials and police. However, the speed and manner of the survey have drawn criticism, with some alleging judicial overreach and procedural lapses.
The Supreme Court’s directive to involve the Allahabad High Court has brought temporary relief to both sides. However, the controversy highlights the complexities of balancing legal claims with communal harmony in sensitive cases involving religious sites.
