Hindu side files caveat in Sambhal Masjid case

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By

Rajesh Pandey

A caveat petition has been filed before the Allahabad High Court by the Hindu side requesting the court not to pass any order without hearing the stand of the Hindu respondent in case any petition is filed by the Muslim side challenging the order of November 20 passed by civil judge, Sambhal, whereby he had directed to survey Mughal era Shahi Jama Masjid of Sambhal.
The caveat has been filed through advocate Hari Shankar Jain, who had earlier filed suit before the civil judge, Sambhal claiming that a Harihar temple once stood at the site, where Shahi Jama Masjid is situated.
 In the suit, he had sought a court-ordered survey of the Shahi Jama Masjid in Sambhal’s Kot Garvi area.
While entertaining the suit, the civil judge, Sambhal on November 20 directed an advocate survey of Shahi Jama Masjid of Sambhal.
However, on November 24, violence erupted in Sambhal district after a team led by an advocate commissioner surveyed the Mughal-era Jama Mosque on the orders of a local court.
Subsequently, the Muslim side through the mosque management committee approached the Supreme Court, requesting it to stay the November 20 order of civil judge, Sambhal, by which a direction was made for the advocate survey of Shahi Jama Masjid of Sambhal.
After hearing the special leave petition (SLP) of the Muslim side, the Supreme Court on November 30 directed the mosque management committee to approach the Allahabad High Court against the trial court order, adding that further proceedings before the trial court would follow the directions of the High Court.
In addition to the above, the Supreme Court in its November 29 order, while underlining that “peace and harmony must prevail’, also directed the Sambhal’s trial court, which had allowed a survey of the Mughal-era Shahi Jama Masjid in Sambhal to temporarily halt proceedings in the matter.
The Supreme Court made it clear that any further proceedings before the trial court would follow the directions of the High Court.

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