New Delhi, Sep 25 (IANS): The Supreme Court on Friday reserved its judgment on a plea filed by the Muslim side challenging a survey order issued by a court in Chandausi regarding the Shahi Jama Masjid in Uttar Pradesh’s Sambhal district.
A bench of Justices P.S. Narasimha and Alok Aradhe reserved the verdict after hearing submissions from the mosque committee, Hindu plaintiffs, and the Uttar Pradesh government.
Senior advocate Huzefa Ahmadi and advocate Nizam Pasha appeared for the mosque committee, while advocate Hari Shankar Jain represented the Hindu plaintiffs.
Additional Solicitor General K.M. Nataraj appeared for the Uttar Pradesh government.
The special leave petition (SLP) has been filed by the Committee of Management of Jami Masjid, Sambhal, challenging the trial court’s order appointing an Advocate Commissioner to survey the mosque premises in connection with the ongoing dispute over the site.
The Hindu plaintiffs have claimed that the mosque was built over a pre-existing temple structure and have sought judicial intervention in connection with the alleged Harihar temple at the site.
On the other hand, the mosque committee has contested the maintainability of the suit and questioned the manner in which the survey was ordered, including the appointment of an Advocate Commissioner.
The matter reached the Supreme Court after the Allahabad High Court upheld the Chandausi trial court’s direction permitting the survey and declined to stay the proceedings.
The apex court had earlier directed the parties to maintain status quo at the disputed site while examining the SLP challenging the survey proceedings.
The dispute assumes significance in the context of the Places of Worship Act, 1991, which bars conversion of the religious character of a place of worship as it existed on August 15, 1947. However, the Hindu side has contended that the dispute falls outside the scope of the 1991 Act, besides referring to provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The Shahi Jama Masjid dispute had earlier witnessed tensions on the ground, with violence breaking out in Sambhal during a court-ordered survey, resulting in multiple fatalities.
The Archaeological Survey of India (ASI) has also stated before the court that the Shahi Jama Masjid is a centrally protected monument and raised issues concerning its status and records relating to its use as a place of public worship. The Supreme Court, after hearing submissions from the mosque committee, Hindu plaintiffs, and the Uttar Pradesh government, reserved its judgment on the SLP challenging the survey order.
