The Supreme Court, on Friday, asked the Yogi Adityanath government in Uttar Pradesh to ensure “peace and harmony” in Sambhal and directed the trial court not to proceed with the suit against the Shahi mosque till the petition is filed by the Masjid Committee against the survey order is listed for hearing by the Allahabad High Court.

Stating that “We don’t want anything to happen. Peace and harmony have to be maintained”, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar ordered a pause to the trial court proceedings and directed that the report of the advocate commissioner, if any, who was asked to survey the mosque, should be kept in a sealed cover and should not be opened in the meantime.

Ordering that the report submitted by the advocate commissioner, if any, will be kept in a sealed cover and will not be opened, the top court said that any further proceedings in the suit before the Sambhal court would be subject to the order passed by the High Court.

At the outset of the hearing, Chief Justice Sanjiv Khanna said, “Peace and harmony have to be maintained. We don’t want anything to happen… We have to be absolutely, totally neutral and ensure nothing wrong is done.”

As senior advocate Huzefa Ahmadi, appearing for the mosque committee, sought to address the bench on the challenge to the November 19, order, the top court expressing reservation on the Sambhal court order said that the petitioner committee has to approach the High Court or any other appropriate judicial forum, instead of directly approaching the Supreme Court.

“We have some reservations against the order, but still you have to approach the appropriate forum,” the bench told senior advocate Huzefa Ahmadi while keeping the petition pending.

“We feel that the petitioner, …, must challenge the order dated 19.11.2024 before an appropriate Court/forum as per law, including theprovisions of the Code of Civil Procedure, 1908, and the Constitution of India”, the bench said in its order.

The November 19, 2024 order on the survey of the Shahi mosque was passed by the Civil Judge (Senior Division), Sambhal at Chandausi, in Civil Suit No. 166/2024.

Having asked the petitioner to approach the high court, the top court ordered, “We also observe that, in case any revision petition/appeal/miscellaneous petition is preferred before the appropriate Court/forum, the same will be listed within a period of three working days after the date of its filing.”

The top court paused further proceedings of the Chandausi (Sambhal) court till the matter was heard by the high court after it was informed that the matter is listed for hearing on January 8, 2025.

“We are told that the matter is fixed before the Court of the learned Civil Judge (Senior Division) on 08.01.2025. The learned Civil Judge will not proceed with the matter till the revision petition/appeal/miscellaneous petition to be filed by the petitioner, is listed before the High Court/appropriate Court/forum,” the top court said in its order.

Posting the matter for hearing on January 6, 23025, the court clarified that it has not expressed any opinion on the merits of the matter.