Supreme Court Hearing on Mosque Survey
The Supreme Court will today hear a petition by the Shahi Jama Masjid management committee, challenging a district court’s November 19 order for a survey of the 16th-century mosque. The petitioner argues that the swift execution of the order—allowing a survey within hours of the court’s directive—has intensified communal tensions and undermines the secular ethos of the country.
The plea emphasizes that surveys in cases involving religious disputes should not be ordered hastily, urging for proper deliberation, sufficient notice, and opportunities for judicial remedies. It seeks to keep the survey report sealed and requests the court to maintain the status quo until the matter is resolved.
Stone-Pelting Incident and Judicial Inquiry
Following a violent clash on November 24 during the survey at the disputed site—claimed by some to have once housed a Harihar temple—the situation in Sambhal escalated. Protesters clashed with security forces, leading to stone pelting, arson, and the tragic loss of four lives, along with multiple injuries.
To address the violence, Uttar Pradesh Governor Anandiben Patel has constituted a three-member judicial commission led by retired Justice Devendra Kumar Arora. Retired IAS Amit Mohan Prasad and retired IPS Arvind Kumar Jain are part of the panel tasked with investigating whether the incident was premeditated or spontaneous.
The commission has two months to submit its findings, including an evaluation of the law enforcement response.
Key Allegations Against the Survey Order
The mosque committee’s plea highlights procedural lapses in the November 19 survey directive:
- The order lacked clear reasoning for ex-parte proceedings.
- It failed to define the terms of reference for the survey.
- The execution process—completed with only six hours’ notice—was deemed hasty and inflammatory.
The petitioner claims the abrupt decision contributed to communal unrest, urging the apex court to ensure future religious disputes are handled with greater sensitivity and judicial oversight.
Background of the Dispute
The Shahi Jama Masjid in Chandausi, Sambhal, has been a site of worship for centuries. Recent claims of a pre-existing Harihar temple have led to legal and communal challenges, reflecting a growing trend of similar disputes nationwide. Critics argue such cases have the potential to disrupt public harmony and raise concerns about their broader implications on India’s secular identity.
State’s Role and Public Interest
The Uttar Pradesh government aims to restore order and prevent further escalation. By forming the judicial commission, authorities signal their commitment to transparency and impartiality in handling this sensitive issue. The inquiry will also review the adequacy of district administration measures to ensure public safety during the court-ordered survey.
Conclusion
As the Supreme Court deliberates on the plea, its decision will carry significant weight in shaping the judicial approach to disputes over religious sites. It also underscores the urgent need for balancing historical claims, legal processes, and communal harmony in a pluralistic democracy.
This news report is curated with insights from multiple reliable news sources.
