Ordering a status quo, the Supreme Court on Friday (January 10, 2025) asked the Uttar Pradesh authorities, the Archaeological Survey of India and others not to take steps over a “private well” near the Mughal-era Jama Masjid mosque in Sambhal.
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Considering a plea of the management committee of Shahi Jama Masjid, Sambhal, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued notices to the Centre, the director general of the Archaeological Survey of India (ASI), Sambhal district magistrate and other private individuals from the Hindu side led by Hari Shankar Jain.
“Issue notice returnable on February 21. In the meanwhile, a status report to be filed by the respondents in two weeks. The respondents shall not give effect to any notice in relation to the well,” the bench ordered.
The mosque committee, in a fresh plea, said the Sambhal district administration, was conducting a purported drive to revive old temples and wells in the city with reports indicating at least 32 old unused temples were revived and 19 wells were identified for public use and prayers.
“In the list of wells being sought to be revived by the district administration is also a water well situated in the precincts of the mosque itself,” it said.
The plea therefore sought a direction to the Sambhal district magistrate to ensure a status quo over the private well located near the mosque entrance besides any future action without the Supreme Court’s permission.
While a covered half of the well was said to be inside the mosque, the other half protruded outside on a curved platform.
Water from the well, situated at the junction of three narrow lanes leading to the main entrance of the mosque, was being used by the mosque, the plea said.
It was argued that the survey led to violence and loss of lives, prompting the urgent intervention of the top court.
Senior advocate Huzefa Ahmadi, representing the mosque management committee, referred to the well’s historical significance and said, “We have been drawing water from the well since time immemorial.” Ahmadi raised concerns over a notice referring to the site as “Hari Mandir” and plans for starting religious activities there.
“No such activities will be permitted. Please file a status report,” the CJI said.
The bench said the status quo concerning the well must be maintained, and no such notices would be given effect to.
Advocate Vishnu Shankar Jain, representing the Hindu party, said the well was outside the mosque’s purview and used for worship historically.
Mr. Ahmadi said the well was partly within and partly outside the mosque premises, citing Google map imagery to buttress his claim.
The mosque committee had challenged a November 19, 2024 order by the Sambhal senior division civil Judge allowing the appointment of an advocate commissioner to survey the mosque.
The mosque committee said the plea for survey was allowed without hearing it on the same day it was filed.
The top court, on November 29 last year, ordered a Sambhal trial court to halt proceedings in the case over the mosque and its survey at Chandausi while directing the UP government to maintain peace and harmony in the violence-hit town.
The bench had directed “peace and harmony must be maintained” and took note of the statement of additional solicitor general K M Nataraj, appearing for the state administration.
It directed the proposed report of the advocate commissioner following the mosque survey to be kept in a sealed cover, till the appellate court including the Allahabad High Court heard the appeal of the mosque committee.
The apex court further directed the mosque committee to move the Allahabad High Court or any other appropriate forum.
“We feel that the petitioner, Committee of Management, Shahi Jama Masjid, Sambhal, must challenge the order dated November 19, 2024, before an appropriate court/forum as per law, including the provisions of the Code of Civil Procedure, 1908, and the Constitution of India,” the order said.
The bench directed in case of any revision petition or an appeal or a miscellaneous petition being filed before the appropriate court or forum, it would be listed within three working days from the filing date.
The order observed the Hindu side’s plea was fixed before the civil judge on January 8, 2025 and made clear it didn’t express opinion on the case’s merits.
The mosque committee had moved the Supreme Court on November 28, challenging the November 19 order of the district court directing survey of the Mughal-era mosque while seeking an ex-parte stay on the operation of the November 19, last year order passed by the civil judge.
On November 24, last year protesters gathered near the mosque and clashed with the security personnel, leading to stone pelting and arson, leaving four dead and several injured.
Published – January 10, 2025 06:07 pm IST
