The Supreme Court on Friday ordered the trial court to not proceed with the Sambhal's Shahi Jama Masjid case until the mosque committee moves the High Court.
The apex court asked the Committee of Management, Shahi Jama Masjid to move the High Court against a trial court order directing a survey of the mosque, which has been claimed to be built on a temple site by the suit filed by Hindu side.
The Court said it will keep the petition filed against the civil judge’s order directing a survey pending with it. It also ordered to keep the survey report of the court commissioner in sealed cover.
The bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar also stressed maintaining peace in the Sambhal district. It further directed the petition filed by the masjid committee against the trial court's survey order to be listed before the Allahabad High Court within three working days.
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"We feel that the petitioner (mosque committee) must challenge the order dated November 19, 2024, in an appropriate forum. In the meantime, peace and harmony must be maintained," the CJI wrote in the order.
"The Additional Solicitor General (KM Natraj appearing for the state government) assures the same. We also observe that in case any revision petition /miscellaneous petition is preferred, the same would be listed within a period of three working days," the order stated further.
The order noted the matter was fixed before the trial court on January 8, 2025, and said, "We hope and trust the trial court will not proceed with the matter till the matter is listed before the High Court.
"We clarify we have not expressed any opinion on the merits of the matter. We are not disposing of the present special leave petition. Re-list (it) in the week commencing January 6," the order stated.