India
Sambhal row: Court will not proceed with case until Allahabad High Court hears plea, says Supreme Court | India News – Times of India
Nearly 1,000 people gathered at the Mughal-era Shahi Jama Masjid in Sambhal for ‘Jumma namaz’ on Friday. Police and local authorities provided heavy security in the restive city. Most locals welcomed the court’s order to suspend court proceedings
Importantly, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar refused to entertain the plea filed by senior advocate Huzefa Ahmadi on behalf of the mosque committee to prevent the investigation of the mosque from being carried out by a lawyer commissioner, who had been entrusted with this task on November 19. However, the court asked that the investigation report be kept in a sealed cover. It also blamed the mosque committee for bypassing HC to move SC directly.
SC asked HC to give priority to the commission’s appeal against the court’s order and hear the same for hearing within three days of its filing. She clarified that she has not made any judgment on the merits of the case.
I won’t stop submitting Sambhal Research Report: SC
After saying that it would retain the mosque committee’s special leave petition challenging the November 19 order pending in the Supreme Court, while giving it the liberty to move the high court for appropriate relief, the court said Ahmadi that the attorney-commissioner may submit his investigation report to the judge in the Supreme Court. the interregnum. “He should be directed not to submit his investigation report,” he pleaded.
The CJI Khanna-led bench said, “That is a different matter. We will not restrain him from filing the inquiry report. If the report is filed by the Advocate Commissioner, it will be kept in a sealed cover and will not be opened by the court.”
Ahmadi said the court’s order could cause “great misfortune” across the country, which was witnessing a new trend.
“As far as I know, at least 10 similar lawsuits claiming rights over mosques have been filed across India. In many cases the modus operandi is to appoint a surveyor on the first day of the hearing. Then a story is built,” he added.
“No further action in the suit will be taken by the court without further orders from HC,” the court ordered.
SC posted a further hearing on January 6 after advocate Vishnu Shankar Jain, appearing for one of the plaintiffs, said the court had fixed the hearing for January 8.
Stressing on maintaining law and order and peace and harmony in the area, the court sternly told Advocate General KM Natraj, appearing for the Sambhal government, “We do not want any untoward incident to take place in the meantime . The district administration must ensure peace and harmony. We don’t want to say anything more at this stage.”
CJI Khanna told Natraj, “Under Article 43 of the new Conciliation Act, the district administration has to form peace committees comprising members of all communities. You have to be absolutely and totally neutral.” ASG said peace and harmony would be assured and no one would be allowed to violate law and order.