Sambhal violence: SC restrains trial court proceedings till Jan 8; directs Masjid committee to approach HC

SC directs High Court to list petition for hearing within three days once approached. SC to next hear the matter in January

Sambhal violence (File) Police personnel stand guard at a barricaded street in Sambhal | PTI

The Supreme Court on Friday advised the Shahi Jama Masjid committee to approach appropriate forum against the magistrate court’s order directing a survey at the mosque site. The apex court will next hear the case in the second week of January.

Hearing the Masjid committee’s plea challenging the survey at mosque site in Sambhal, a bench led by Chief Justice Sanjiv Khanna and comprising Justice Sanjay Kumar directed the district administration to maintain peace and harmony in the area. The bench observed they are not going into the merits of the matter at the moment and directed the Masjid committee to approach the appropriate forum against the lower court’s order.

The bench directed the trial court to not act further on the temple side’s petition without the High Court’s permission. “No further steps in the suit without permission of the High Court. The trial court will not take any steps till January 8,” Live Law reported quoting the bench. 

Chief Justice said, “In case any revision appeal is preferred before an appropriate forum, same would be listed within three working days. We hope and trust the trial court will not further proceed till High Court passes appropriate orders,” Live Law reported. The bench will next hear the matter in the week starting on January 6.

Violence erupted in Sambhal on November 24 after a survey team visited the Shahi Jama Masjid site for the second time to conduct a survey as per orders of a lower court. Protesters pelted stones and police had to use tear gas to disperse the crowd. In the riots, four persons were killed and at least 20 persons suffered injuries.

In their plea, the Masjid committee argued the survey was conducted in haste on November 19, the same day the lower court passed an order. The second survey was ordered while they were preparing legal remedies, they said. The petitioners alleged worshippers who were offering prayers in the mosque at the time of the survey on November 24 early morning were asked to leave immediately.

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