New Delhi: The Supreme Court on Monday agreed to extend its order to maintain status quo in the Sambhal Masjid dispute of Uttar Pradesh for two weeks. A bench of Justice PS Narasimha and Justice Alok Radhe heard the matter.
The bench noted that two appeals were filed in this case by the management committee of Sambhal Jama Masjid, represented by its secretary and vice-president. The bench directed its registry to investigate the matter and submit a report.
Challenge to Allahabad High Court order
Advocate Vishnu Shankar Jain, representing the Hindu parties in this case, strongly opposed the extension of status quo. However, senior advocate Huzaifa Ahmadi, representing the mosque management, sought extension of the period till the report is submitted. Let us tell you that the mosque committee had approached the Supreme Court challenging an order passed by the Allahabad High Court.
Earlier in the case, the High Court had said that the order to appoint a court commissioner and the case are worth consideration. Also, the High Court had refused to consider its petition against the survey order given by a court in Sambhal in the Shahi Jama Masjid and Harihar Temple dispute. The High Court had upheld the direction of the civil court for the survey.
Instruction to survey the mosque
In November last year, the civil judge passed an order directing the survey of the mosque. After this, the mosque committee approached the High Court against this order of the lower court. The mosque committee claimed that the second survey, which was also done in November last year, was not legal, because the civil court had never ordered it.
After this, on August 2, the Supreme Court ordered to maintain status quo till August 25 in the Sambhal mosque dispute and sought a reply from the Hindu petitioners. During the hearing, senior advocate Huzaifa Ahmadi argued that the challenge was given to the findings of the High Court and this suit was not barred by the Places of Worship Act.
Monument protected by ASI
The bench asked whether this matter should be attached with the petitions related to the Places of Worship Act. On this, advocate Vishnu Shankar Jain argued before the bench that the issue related to the Places of Worship Act does not arise in this case and Sambhal Mosque is a monument protected by the Archaeological Survey of India (ASI), so it is outside the purview of the Act. After hearing the arguments, the bench passed an order to maintain status quo till Monday.
