Sambhal mosque survey: Caveat filed in Allahabad HC

A caveat petition has been filed before the Allahabad high court by the Hindu side requesting the court to not pass any order without hearing the stand of Hindu respondent in case any petition is filed by the Muslim side challenging the November 20 order of the civil judge, Sambhal, whereby he had directed to conduct a survey of Mughal era Shahi Jama Masjid of Sambhal.

The caveat has been filed through advocate Hari Shankar Jain, who had earlier filed a suit before the civil judge, Sambhal claiming that a Harihar temple once stood at the site where Shahi Jama Masjid is situated now. In the suit, he had sought a court-ordered survey of the Shahi Jama Masjid in Sambhal’s Kot Garvi area.

While entertaining the suit, the civil judge, Sambhal, on November 20 directed an advocate survey of Shahi Jama Masjid.However, on November 24, the violence erupted in Sambhal district after a team led by an advocate commissioner surveyed the Mughal-era Jama mosque on the orders of a local court.

Subsequently, the Muslim side through the mosque management committee approached the Supreme Court, requesting it to stay the November 20 order of civil judge, Sambhal.

After hearing the special leave petition (SLP) of the Muslim side, the Supreme Court on November 30 directed the mosque management committee to approach the Allahabad high court against the trial court order, adding that the further proceedings before the trial court would follow the directions of the high court.

In addition to the above, the Supreme Court, while underlining that “peace and harmony must prevail’, also directed the Sambhal’s trial court, which had allowed a survey of the Mughal-era Shahi Jama Masjid in Sambhal, to temporarily halt proceedings in the matter. The Supreme Court made it clear that any further proceedings before the trial court would follow the directions of the High court.

Meanwhile, Another PIL petition has been filed before the Allahabad high court seeking registration of FIR against Sambhal’s district magistrate, superintendent of police and concerned station house officer in connection with the death of four individuals in the communal violence that broke out in Sambhal on November 24. The PIL has also sought a direction to the UP government to arrest these officials.

The PIL has alleged that four people died due to police firing. The petition claims that no FIR has been filed against the responsible officers, and thus, the same should be done under the directions of the high court. The PIL has been filed by Mohd Yusuf, secretary, Hazrat Khwaja Garib Nawaz Association.