Sambhal Violence And Controversy Surrounding Court-Ordered Surveys: Legal Implications And Rights Of Citizens

In the recent violence that erupted in Uttar Pradesh’s Sambhal district, the controversy surrounding court-ordered surveys has intensified.

UP CM Yogi Adityanath on Monday has accused certain factions of attempting to disrupt communal harmony.

He also stressed that strict action will be taken against those responsible.

CM Yogi’s remarks from the state assembly came after repeated incidents of stone-pelting and resistance against court ordered surveys.

Justice SN Dhingra, Former Judge of the Delhi High Court, addressed the sensitivity of court-ordered surveys.
Addressing the question as to why the court acted swiftly, he said that courts can act swiftly when there is a risk of structural disturbance.

Justice Dhingra said that in the cases involving urgent matters, conducting surveys on the same day is not unusual.

He said: ‘Surveys are conducted thoroughly, even if they span multiple days and resistance to such surveys constitutes a violation of the law.’

Advocate Ashwini Dubey also supported the need for swift enforcement of court orders.

Dubey said that obstructing such court orders by the general public constitutes contempt of court.

He said that violent resistance such as stone-pelting, hampers public order and must be dealt with heavy hands.

Questioning the intent of Places of Worship (Special Provisions) Act, 1991, Dubey said that to approach the court is a fundamental right granted under the Indian Constitution, and such rights cannot be curtailed by any legislative act.

He said that maintaining the rule of law and order is paramount, and any attempts to obstruct court-mandated processes must be dealt with strictly.

Conclusion

The Supreme Court has stayed filing of further suits seeking surveys of places of worship.

The stay will continue until the Court determines the validity of the Places of Worship Act 1991.

(By Sambhav Sharma)

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