New Delhi: The Supreme Court on Friday issued a notice on a plea by the Sambhal's Jama Masjid management committee and ordered status quo with regard to a private well located near the entrance of the mosque. The mosque committee claimed that the well is being described as 'Sri Hari Mandir' available for puja and bathing by Hindus.
The matter came up before a bench led by Chief Justice of India Sanjiv Khanna and comprising Justice Sanjay Kumar. In a plea, the mosque authorities argued that opening the well for Hindu prayers would disturb the peace in Sambhal, which witnessed deadly clashes in November last year. Last year in November, a massive crowd opposed a court-ordered survey, which was based on a plea claiming that a temple had been destroyed to build the Mughal-era mosque.
The plea said that the district administration, Sambhal 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.
“That is 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. This is a covered well half of which is inside the Mosque with the other half protruding outside on a curved platform. This well is situated at the tri-junction of three narrow lanes which lead to the main entrance of the Mosque and the same is being used for extracting water for the use of the Masjid”, said the plea.
The mosque committee argued that the Sambhal authorities were claiming all the wells in the area to have religious significance. “Posters have been put up around Sambhal and near the mosque, purportedly indicating the location of historical wells, with the mosque being depicted as a temple”, said the plea.
The plea urged the apex court to pass an appropriate direction to the District Magistrate, Sambhal to ensure that the status quo is maintained with respect to the private well situated near the stairs/entrance of the mosque and not to take any steps/actions with regard to the same without due permission from the apex court.
During the hearing on Friday, senior advocate Huzefa Ahmadi, representing the mosque committee, cited the posters installed by the Nagar Palika regarding the well. Ahmadi stressed the historical significance of the well, and added, “We have been drawing water from the well since time immemorial”. Ahmadi raised concerns over the posters being installed referring to the site as "Hari Mandir" and plans for starting religious activities there.
At this juncture, the bench said that there was no harm if the other side also used the well. It was argued before the bench that half of the well was inside and the other half outside. The counsel emphasised that the state government was taking a partisan stand.
After hearing submissions, the apex court issued notice to the Uttar Pradesh government on a plea by the Sambhal Shahi Jama Masjid committee and sought a response from it by February 21, 2025.
The bench said the status quo must be maintained concerning the well. The bench also made it clear that no public notice related to the well would be given effect.
Advocate Vishnu Shankar Jain, representing the Hindu side, submitted that the well is outside the mosque's purview. He added that the well has historically been used for worship.
The Uttar Pradesh government contended that the situation around the place was peaceful but the applicant sought to create an issue. The apex court in December, last year, while acting separately on a batch of pleas against the Place of Worship Act, 1991, had restrained all courts from entertaining fresh suits and also from passing any interim or final orders in pending cases seeking to reclaim religious places.
