The Supreme Court on Friday made an appeal to the parties in the Sambhal Masjid case in UP to maintain peace and harmony.
The court also suggested orally to the UP to form a peace committee for community mediation under Section 43 of the Mediation Act, in order to maintain communal harmony.
The highest court directed the trial court not to pass any order in the matter. The court also asked the petitioner, the Masjid Committee to approach the High Court regarding their grievance about the trial court’s order to conduct a survey. In this context, the bench also suspended the trial court’s order until the High Court heard the plea by the masjid body.
The apex court bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar was hearing a petition filed by the Sambhal Shahi Jama Masjid Committee challenging the trial court's order passed on November 19 directing the court commissioner to survey the mosque in a suit which claimed that was built after destroying a temple.
The plaintiffs claimed that the Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there. The survey triggered violence which left four persons killed.
“Peace and harmony have to be maintained. We don't want anything to happen. Please also see Section 43 of the new Mediation Act where the district administration has to form peace committees - members of all the groups, just take recourse to that. We have to be absolutely, totally neutral and ensure nothing wrong is done"
Agreeing to the same, the ASG replied, "We do not want any uncalled-for incident to happen on account of all these things."
As for the mediation suggested by the apex court, to initiate the mediation, any of the parties is required to make an application to the concerned authority under Legal Services Authorities Act, 1987, the authority in turn will constitute a panel 3 community mediators.
The three-member panel can be made of a person of standing and integrity who are respectable in the community; any local person whose contribution to the society has been recognised; representative of area or resident welfare associations; person having experience in the field of mediation; and any other person deemed appropriate.