Sambhal Tragedy: Who Will Address Judicial Failures?
Sambhal is a city of historical significance, revered by both Hindus and Muslims.
Sambhal Tragedy Latest News: The communal violence that erupted on November 24 in Sambhal, a town in Moradabad district of western Uttar Pradesh, is deeply regrettable. Four people lost their lives, and over 50 others were injured in the incident. Since all the deceased belonged to the same community (Muslims), allegations have surfaced claiming that these deaths were caused by police firing. However, the administration and the police assert that pellet bullets were used to disperse the violent mob, and the four fatalities resulted from bullets fired from country-made pistols. This explanation suggests that the mishandling of an illegal country-made pistol by someone in the mob was the cause of the deaths.
It has also been reported that a police sub-inspector was shot by the same country-made pistol and is currently receiving treatment at the Civil Hospital in Moradabad. Amid these conflicting claims, one thing remains clear: had the administration and local judiciary acted more prudently, Sambhal could have been spared the communal violence and the resulting religious discord. (Sambhal Tragedy Latest News)
Historical and Religious Context
Sambhal is a city of historical significance, revered by both Hindus and Muslims. The Jama Masjid, a five-century-old structure, was built during the reign of Babur by his general, Hindu Beg. However, those challenging the existence of the mosque claim it was constructed by demolishing the ancient Harihar Temple, believed to be the birthplace of 'Kalki,' the tenth and final avatar of Lord Vishnu.
They further allege that the three historic temples demolished by Babur during his rule (1526–1530) to construct mosques were located in Ayodhya, Panipat, and Sambhal. Based on these claims, Advocate Hari Shankar Jain, representing a local priest, filed an application in the court of Civil Judge Aditya on November 19, requesting a survey of the mosque's foundations to determine if remnants of the Harihar Temple lay beneath it. (Sambhal Tragedy Latest News)
It is worth noting that Jama Masjid is one of 500 ancient monuments protected under the Archaeological Survey of India (ASI). Despite this, within an hour of the application being filed, Judge Aditya conducted a preliminary hearing and directed the ASI to cooperate in the survey of the mosque. Advocate Vishnu Shankar Jain was appointed as the survey's supervisor and amicus curiae by the court. Despite objections from the Muslim community, the initial survey was completed the same evening.
Events Leading to Violence
The court had set November 25 as the deadline for submitting the survey's status report, with a comprehensive survey scheduled for November 24. On that day, a large crowd from the Muslim community gathered to protest. Despite police barricades, violence broke out, lasting for an hour and leading to incidents of arson in several parts of the city.
The court's role in the events cannot be considered justified. In 1991, a year before the demolition of the Babri Masjid, Parliament enacted the Places of Worship (Special Provisions) Act, 1991, which mandates that all religious places, except for the Ayodhya temple-mosque dispute, must be preserved in the state they were in as of August 15, 1947. The purpose of this law was to protect all religious sites and maintain communal harmony. (Sambhal Tragedy Latest News)
The Need for Judicial Responsibility
Despite the Act, courts in Uttar Pradesh, Madhya Pradesh, and other states have continued to entertain petitions challenging the status of mosques. The Allahabad High Court has also been criticized for its role in these cases. In 2019, the Supreme Court upheld the constitutionality of the 1991 Act while dismissing petitions that sought to challenge it.
However, in 2022, during the Gyanvapi Masjid case, then-Chief Justice D.Y. Chandrachud opined that while the 1991 Act prevents altering the character or form of places of worship, it does not explicitly prohibit surveys to determine their origins. This interpretation opened the door for further petitions targeting ancient mosques. (Sambhal Tragedy Latest News)
Given the tragic events in Sambhal, it is imperative for the Supreme Court to intervene and provide a definitive interpretation of the 1991 Act, ensuring it is implemented in its true spirit. The judiciary must uphold the principles of communal harmony and caution lower courts against actions that could inflame tensions. At the same time, the administration and political parties must also be held accountable for fostering an environment of peace and unity.