Sambhal: Supreme Court directs no steps be taken with respect to well near Shahi Jama Masjid, orders status quo

The bench said the status quo must be maintained concerning the well, and no notices related to it would be given effect

In a significant order on Friday, the Supreme Court issued a notice on a plea by the management committee of Sambhal’s Jama Masjid. The court directed the maintenance of the status quo concerning a private well situated near the mosque's entrance.

The bench, comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, prohibited any action regarding the well without the court's prior approval. Furthermore, the court mandated that the relevant authorities file a comprehensive status report within two weeks.

The plea by Shahi Jama Masjid's management committee challenged a November 19, 2024 order by the Sambhal Senior Division Civil Judge that allowed the appointment of an advocate commissioner to survey the mosque.

It was argued that the survey had resulted in violence and loss of life, necessitating urgent intervention of the top court.

Senior Advocate Huzefa Ahmadi, representing the Committee of Management, emphasised the historical significance of the well, stating, "We have been drawing water from the well since time immemorial", according to a PTI report. 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 must be maintained concerning the well, and no notices related to it would be given effect.

Advocate Vishnu Shankar Jain, representing the Hindu side, stated that the well is located outside the mosque's boundaries and has been historically used for religious practices.

Ahmadi, representing the mosque committee, argued that the well is partially within the mosque's premises, citing a Google Maps image to support his claim.

"Pass an appropriate direction to the District Magistrate, Sambhal to ensure that 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 this Hon'ble Court," the plea said.

The mosque committee said it has filed the plea against a November 19, 2024 order of the Civil Judge, Senior Division, Sambhal at Chandausi, in a case.

The local court allowed an application seeking appointment of an Advocate Commissioner to survey the Shahi Jama Masjid. The mosque committee said the plea was allowed without hearing it on the same day it was filed.

"It was in view of a second survey having been undertaken which led to violence and loss of life that the captioned SLP was preferred under the extraordinary circumstances," it said.