SC tells trial court to halt action in Sambhal case

The Supreme Court on Friday asked a Sambhal court to defer hearing the Shahi Jama Masjid survey case till the Allahabad high court lists the appeal by the mosque management committee against the survey, even as it asked the mosque committee to approach the high court to challenge the trial court's order of survey, and instructed that the matter be heard within three days of the appeal being filed.

- Utkarsh Anand

Interestingly, the Supreme Court said it was not disposing of the petition and asked that it be relisted in the week of January 6, indicating that it was aware of the larger ramifications of the case. Protests against the survey have resulted in four deaths in the Uttar Pradesh town.

The apex court also emphasized the need for the Uttar Pradesh government to maintain "peace and harmony" in the communal dispute.

A bench comprising Chief Justice of (CJI) India Sanjiv Khanna and Justice PV Sanjay Kumar further underscored the importance of neutrality and objectivity while suggesting that the state explore community mediation under Section 43 of the Mediation Act, which provides for resolving communally sensitive disputes through district-level committees.

"We do not want any disturbance. Please, ensure peace and harmony... Also see Section 43 of your Mediation Act that talks about community mediation and district committees...We have to be absolutely and totally neutral," the bench told additional solicitor general KM Nataraj, who appeared for the Uttar Pradesh government and assured the court that necessary measures were in place to prevent any law-and-order issues.

The bench refrained from commenting on the merits of the case but clarified that no action will be taken by the trial court until the matter is heard by the Allahabad high court. It also directed that if the advocate commissioner submits his survey report, the report would not be made public or acted upon until the hearing before the high court.