New Delhi, Aug 22 The Supreme Court on Friday directed both the Muslim and Hindu parties in the Shahi Jama Masjid–Sri Harihar Temple dispute in Uttar Pradesh's Sambhal to maintain the status quo until the next hearing.
A bench of Justices P.S. Narasimha and Atul S. Chandurkar was hearing a special leave petition (SLP) filed by the mosque committee against the Allahabad High Court’s decision that had upheld a Chandousi court order for a survey of the disputed site.
The SLP also challenged the prima facie finding of the Allahabad High Court that the suit was not barred by the Places of Worship Act, 1991, since it sought access to the disputed property under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
After the Hindu side argued that another bench of the Supreme Court has held that an ASI-protected monument does not fall under the Places of Worship Act, the Justice Narasimha-led bench asked advocate Vishnu Shankar Jain to place the said order on record and posted the matter for hearing on Monday.
In the meantime, the apex court asked the parties to maintain the status quo in respect of the disputed site.
In its impugned order, the Allahabad High Court dismissed the civil revision petition seeking a stay on the proceedings pending before the trial court.
The Shahi Jama Masjid has become the centre of a legal dispute after Hindu plaintiffs alleged that the mosque was built over a Hindu temple known as the Harihar Mandir. In November last year, violence had erupted in Sambhal during a court-ordered survey of the Mughal-era mosque, resulting in the deaths of at least four people.
The Supreme Court had earlier stayed the trial court's proceedings, directing that no further steps be taken until the Allahabad High Court reviewed the mosque committee's petition.
After the order was passed by the Allahabad High Court on May 19, the survey-related aspect was expected to move forward in the Sambhal district court.
The mosque committee argued that the survey order was passed in haste, without giving them an opportunity to be heard. They also raised concerns over the fact that the mosque was surveyed twice -- first on the day of the order and again on November 24, when violence broke out.
However, the Allahabad High Court had dismissed these arguments and refused to intervene in the trial proceedings.
The Hindu plaintiffs -- including advocate Hari Shankar Jain and seven others -- claim that the mosque stands on the ruins of an ancient temple dedicated to Harihar, which they allege was partly demolished in 1526 under the orders of Mughal Emperor Babur.
The Archaeological Survey of India (ASI) stated that the Shahi Jama Masjid is a centrally protected monument and cannot be characterised as a place of public worship, as there are no official records to support such a designation.
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