The Supreme Court on Friday stayed the execution of a ‘notice’ purportedly issued by Sambhal municipal authorities regarding a well situated near the disputed Shahi Jama Masjid in Uttar Pradesh’s Sambhal district and sought a status report in two weeks. The Uttar Pradesh government, meanwhile, told the court that the well is situated on government land.
“Issue notice returnable to 21 February 2025. Notice accepted by Respondents. In the meanwhile, a status report will be filed in 2 weeks. In the meanwhile, Respondents will not give effect to the notice (Nagar Palika Notice) in relation to the well,” a bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar ordered.
The court was hearing an application filed by the management committee of the masjid. The application was filed in a pending appeal filed by the committee challenging the November 19, 2024, direction of a local court appointing an advocate commissioner to survey the mosque following claims that the Mughal-era structure was built after destroying a temple called Hari Mandir. A survey of the mosque had sparked violence in Sambhal that led to five people being killed.
Hearing the clutch of petitions with regard to the Places of Worship Act, 1991, the Supreme Court had on December 12, 2024, ordered that in pending suits, including the Sambhal one, lower courts should not pass effective interim or final orders, including orders for surveys.
On Friday, Senior Advocate Huzefa Ahmadi appearing for the mosque committee said that the Sambhal district administration “is conducting a purported drive to revive old temples and wells in the city with reports indicating that at least 32 old unused temples have been revived and 19 wells have been identified which are being made operational for public prayers/use”. One of these was the well located near the mosque, he submitted.
The CJI asked what was the harm in allowing others to draw water from it and use it. To this, Ahmadi said the well was currently being used for the purposes of the mosque. “We have been drawing water from the well since time immemorial,” he said.
The senior counsel then referred to a notice and said, “It is called Hari Mandir. Now they will start using it for pooja, bathing etc.”
“No such activities will be permitted. Please file a status report,” the CJI said.
Referring to photographs of the well, Ahmadi said half of its circumference is inside the mosque premises and half outside. CJI Khanna said that Google Earth maps gave the impression that the well was completely outside. “First I did not notice the photograph. When I saw Google Maps, it looked like it was outside. So I put that query.”
The CJI said that the court was “keeping a close watch so that peace and harmony is maintained”.
Appearing for the UP government, Additional Solicitor General K M Nataraj said the well is located on government land.
Ahmadi said the “state is being partisan”.
Appearing for the Hindu petitioners, Advocate Vishu Shankar Jain said people were worshipping the well and that he had photographs. The court said he could place the photographs on record.
Advocate Fuzail Ahmad Ayyubi also appearing for the masjid committee later confirmed to The Indian Express that the notice being referred to was a “poster” put up by the Nagar Palika which refers to a Hari Mandir and a holy well.
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