A suit filed by Hindutva proponents aimed at altering the status of a mosque, the Shahi Jama Masjid in Chandausi, Sambhal, UP is at the heart of the dispute.
They claim that many mosques were built by destroying Hindu temples and seek to use legal action to change the religious character of such structures.
A lower court passed a questionable ex parte (without hearing the other side) order allowing a survey of the mosque.
The mosque’s management committee was not heard before the order was made.
The survey triggered violent protests, which led to the deaths of four people in Sambhal district.
While police claimed the deaths were caused by firearms used by protesters, residents allege that police fired the shots.
The Supreme Court intervened by directing that peace and harmony be preserved, providing some respite from the tension.
It also ordered that the suit filed by Hindutva proponents be paused until the Allahabad High Court hears the mosque committee on the validity of the survey.
The Court directed that any report prepared by an Advocate-Commissioner about the mosque be kept sealed.
The suit and the court order violate the Places of Worship (Special Provisions) Act, 1991, which freezes the religious status of places of worship as it was on August 15, 1947, and prohibits changing the status.
Similar cases in Varanasi and Mathura have set a dangerous precedent where courts allow surveys of disputed religious sites before establishing the legal grounds for such suits.
The mosque is also protected by the Archaeological Survey of India, and any use inconsistent with its character is prohibited by law.
The case highlights a dangerous trend where legal actions aimed at changing the religious character of places of worship can stoke communal tensions and lead to violence.
Courts must be cautious when entertaining suits that could provoke communal unrest.
Recognizing the potential for violence and harm to societal peace is critical when handling such cases.
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