NEW DELHI: The Supreme Court on Friday directed that no action be taken regarding a private well located near the entrance of Sambhal’s Shahi Jama Masjid without its permission. A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar ordered the maintenance of status quo and instructed authorities to file a status report within two weeks.
The plea was filed by the Committee of Management of Shahi Jama Masjid, challenging a November 19, 2024 order by the Sambhal Senior Division Civil Judge. The order had allowed the appointment of an advocate commissioner to survey the mosque, leading to concerns over the potential for violence. The mosque management argued that the survey resulted in violence and loss of life, prompting the intervention of the Supreme Court.
Senior advocate Huzefa Ahmadi, representing the mosque management, highlighted the historical significance of the well. “We have been drawing water from the well since time immemorial,” he said. Ahmadi also raised concerns over a notice referring to the site as “Hari Mandir,” suggesting plans to initiate religious activities there. “No such activities will be permitted. Please file a status report,” CJI Khanna directed.
The bench emphasised that the status quo must be maintained, and no notices related to the well should be enforced. Advocate Vishnu Shankar Jain, representing the Hindu side, argued that the well lies outside the mosque’s purview but has historically been used for worship.
Ahmadi countered, stating that the well is partly within and partly outside the mosque’s premises, supporting his claim with a Google Maps image. The mosque management’s plea called for the sistrict magistrate of Sambhal to be directed to ensure that no steps are taken regarding the well without permission from the court.
The mosque committee’s plea was filed against the November 19 order of the Sambhal civil judge, which had allowed the survey despite the committee not being heard. The plea also cited the violence and loss of life resulting from a second survey, which led to the Supreme Court’s urgent intervention.
