Sambhal mosque row: SC instructs U.P. Police, district administration to ‘be absolutely neutral, maintain peace and harmony’

Supreme Court directs UP Police to maintain peace after civil court-ordered mosque survey sparks violence and communal tension.

The Supreme Court on Friday (November 29, 2024) gave a stern instruction to the Uttar Pradesh Police and Sambhal district administration to be “totally, absolutely neutral” and maintain peace after a civil court-ordered survey to verify claims of a mosque built over a destroyed temple in the 16th century, unleashed violence, loss of lives, arrests amidst communal tension.

A Bench of Chief Justice of India Sanjiv Khanna and Sanjay Kumar ordered the civil to freeze the proceedings before it. The Supreme Court directed the mosque survey report prepared by the civil court’s Advocate Commissioner to be kept in a sealed cover.

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The apex court arraigned a series of legal measures open to the petitioner, Sambhal Shahi Jama Masjid Committee, which managed the mosque.

Chief Justice Khanna said the committee could file a plea under Order 9 Rule 13 of the Code of Civil Procedure to set aside the ex-parte order of the civil court on November 19 to conduct the survey or seek revision of the order or approach the Allahabad High Court invoking its power of superintendence over lower courts under Article 227 of the Constitution.

The Bench made it clear that the trial court would not hold any proceedings till the petition, if any, filed by the committee is listed and heard by the High Court. The High Court, if a petition is filed against the civil court order, must list it for hearing within three days.

The Chief Justice Khanna meanwhile made sure the authorities knew the apex court had its eyes trained on the happenings in the case. Instead of disposing of the case, the CJI ordered the committee’s petition to be listed in the week commencing on January 6, 2025.