The Supreme Court docket will hear on Friday, a petition filed by the Sambhal Shahi Jama Masjid Committee, difficult the survey of Shahi Jama Masjid at Chandausi.
The matter shall be heard by the Bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar.
The Committee challenged an ex-parte order handed final week by a Civil Decide (Senior Division) of Sambhal, directing survey of the mosque by an Advocate Commissioner.
The plaintiffs claimed that the Shahi Jama Masjid in Chandausi was constructed by Mughal emperor Babar in 1526 after demolishing a temple that stood there. The survey triggered violence which left 4 individuals killed.
The Masjid Committee submitted that the “sizzling haste” during which the Commissioner proceeded with the survey, gave rise to apprehensions within the minds of the residents of the world, making them come out of their properties.
The Committee contended that the swimsuit was barred by the Locations of Worship Act and the trial court docket erred in passing the order ex-parte with out listening to the Mosque aspect. It additional stated that the Mosque was an historic monument protected by the ASI.
The petitioner additional submitted that it was constrained to strategy the Apex Court docket immediately because of the additional extraordinary circumstances.
The petition expressed concern over the rising sample of rampant ordering of surveys by courts on Mosques.
The Committee sought instructions that no such orders must be routinely handed with out listening to the defendants.
The petitioner added that routine passing of such orders had the tendency to inflame communal passions, create legislation & order issues and injury the secular cloth of the nation.