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CliQ INDIA > National > Sambhal mosque survey case: Supreme Court halts trial court proceedings, judicial panel formed for investigation | CliqExplainer
National

Sambhal mosque survey case: Supreme Court halts trial court proceedings, judicial panel formed for investigation | CliqExplainer

The Supreme Court on Friday intervened in the ongoing mosque survey case in Sambhal, Uttar Pradesh, halting further action by the trial court.

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Highlights
  • The controversy surrounding the mosque survey erupted after a court-ordered survey of the Shahi Jama Masjid.
  • The commission will also look into the district administration and police's preparedness to handle the situation and their response to the protests.

The Supreme Court on Friday intervened in the ongoing mosque survey case in Sambhal, Uttar Pradesh, halting further action by the trial court. The court directed that no steps should be taken in the matter until the Shahi Idgah committee of the Jama Masjid approaches the High Court. Additionally, the court ordered that the report of the mosque survey be kept in a sealed cover, with no party allowed to access it during this interim period.

The controversy surrounding the mosque survey erupted after a court-ordered survey of the Shahi Jama Masjid, a Mughal-era mosque, was carried out on November 19, based on claims that a Harihar temple previously stood at the site. This led to growing tensions, culminating in violent clashes on November 24. During the violence, four people were killed, and many others were injured. Protesters gathered near the mosque and clashed with security forces, leading to stone-pelting, arson, and widespread unrest.

In response to the violence, the Uttar Pradesh government has formed a three-member judicial inquiry commission to investigate the events that led to the deaths in Sambhal. The panel, headed by Justice Devendra Kumar Arora, a retired judge of the Allahabad High Court, will also include Amit Mohan Prasad, a retired IAS officer, and Arvind Kumar Jain, a retired IPS officer. The commission’s mandate is to determine whether the violence was a planned conspiracy or a sudden outbreak, and to examine the role of the individuals responsible for inciting the clashes.

The commission will also look into the district administration and police’s preparedness to handle the situation and their response to the protests. One of the key aspects of the inquiry will be to assess the use of force by the police against those opposing the mosque survey. The panel is expected to submit its findings within two months, along with recommendations on how to prevent such incidents in the future.

On the legal front, a petition challenging the November 19 district court order, which authorized the survey, was heard by the Supreme Court. The petitioners, representing the Sambhal mosque committee, raised concerns about the haste with which the survey was ordered without hearing the committee’s objections. They argued that the practice of ordering surveys based on delayed claims to religious sites had become a recurring pattern, violating constitutional principles of fraternity and justice. The petitioners sought a halt to further surveys until due process was followed.

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