New Delhi:

The Supreme Court today directed the management committee of Shahi Idgah Masjid in Sambhal of Uttar Pradesh to approach the Allahabad High Court challenging the trial court’s order. The trial court’s order had ordered an investigation into the mosque based on claims by Hindu petitioners that a temple once existed at the site. The Supreme Court urged to maintain peace and harmony while halting any further action by the trial court until the Supreme Court has an opportunity to hear the matter.

“Peace and harmony must be guaranteed. We will put the matter on hold. We don’t want anything to happen. We must be completely neutral and ensure that nothing untoward happens,” said Chief Justice of India Sanjiv Khanna.

The Supreme Court directed that the Allahabad High Court should hear the petition filed by the mosque management committee within three working days of its submission. The court also noted that the trial scheduled for January 8 would take place only after the Supreme Court considers the case.

Violent confrontations

Chaos erupted in Sambhal earlier this week when the court-ordered investigation into the mosque led to violent clashes between locals and police, leaving several people dead.

According to police, the violence began when a crowd gathered near the mosque as the investigation team led by an advocate commissioner began its work.

READ | 16th-century mosque, a city in flames: Sambhal violence explained

The crowd grew to almost a thousand people and they tried to prevent the police from entering the mosque. Some people in the crowd threw stones at police personnel stationed at the scene. The mob also set fire to more than ten vehicles. The police responded with tear gas. Several people were killed and over 30 police officers were injured in the chaos.

Following the violence, the Uttar Pradesh government announced a three-member judicial commission of inquiry to investigate the riots. The commission was directed to submit its report within two months.

Security was also beefed up at Sambhal today in view of Friday prayers and submission of the ASI survey report to the court.

Samajwadi Party MP from Sambhal Zia Ur Rahman Barq welcomed the Supreme Court’s decision and termed it as a crucial step towards restoring peace.

“I am pleased that the Supreme Court made this decision. We will soon file a fresh petition in the Supreme Court demanding that the Sambhal incident be investigated by a commission headed by a sitting judge of the Supreme Court. We will be filing a petition with the Supreme Court very soon,” said Mr. Barq, who is among 400 others charged over the violence.

bone of contention

The controversy erupted when advocate Vishnu Shanker Jain and others filed a petition in Sambhal. Mr. Jain, who is also known for his involvement in the Gyanvapi Mosque and Krishna Janmabhoomi disputes, claimed that the Jama Masjid was built on the ruins of a temple dedicated to Lord Kalki. The petition claimed that the mosque was constructed after the destruction of the temple during the Babur invasion in 1526–27. The petitioners argue that historical texts like ‘Baburnamah’ and ‘Ain-e-Akbari’ document the destruction of the temple by Babur.

The plea alleges that the temple was built at the beginning of the universe by the Hindu mythological figure Vishwakarma. Supposedly, Babur’s forces partially destroyed the temple and converted it into a mosque to establish Islamic supremacy. The petition also criticizes the Archaeological Survey of India (ASI) for failing to take control of the site as it is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The petitioners demand full access for Hindus to the mosque and claim their right to worship is being unlawfully denied.

In response to the petition, the court ordered an investigation into the mosque on November 19, 2024. Advocate Commissioner Ramesh Raghav conducted the investigation along with the district administration and police on the same day. This rapid action sparked criticism from several quarters, with allegations of judicial overreach and procedural irregularities.

The Muslim community, including the Jama Masjid Management Committee, strongly opposed the survey. They pointed to the Places of Worship Act of 1991, which prohibits changing the status of a religious site as it existed on August 15, 1947. Samajwadi Party MP from Sambhal Ziaur Rehman Barq condemned the move as an attempt to disrupt communal harmony.