The Court was hearing an application moved by the Committee of Management Shahi Jama Masjid Sambhal in its appeal against a civil court order for survey of the mosque.
NEW DELHI —The Supreme Court on Friday issued a stay order injuncting puja or other activities at a well located near the disputed Shahi Jama Masjid in Sambhal.
A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar stayed the implementation of a notice issued by Sambhal authorities regarding the well and also directed the authorities to file a status report, Bar and Bench reported.
“Issue notice returnable on February 21. In the meanwhile, status report to be filed by respondents in two weeks. The respondents shall not give effect to any notice in relation to the well,” the Court ordered.
The Court was hearing a case filed by the Committee of Management Shahi Jama Masjid Sambhal in its appeal against a civil court order for survey of the mosque.
A civil court had issued the direction in a suit filed by Advocate Hari Shankar Jain and seven others who claimed that the mosque was constructed over a demolished temple during the Mughal era.
In November 2024, the top court called upon the authorities to maintain peace and harmony in the wake of the violence that followed the court order.
In its latest application in the case, the mosque committee told the Court that that the Sambhal District administration, in its drive for the “so-called revival of old temples and wells”, was giving publicity to the proposed public access being granted to the use of the well located near the mosque.
The notice was projecting the mosque as a temple, it was alleged.
“Posters have also been put up around Sambhal and near the Mosque indicating purportedly the location of historical wells and therein the Mosque has been shown as a temple. These posters also bear the indication that they have been installed by “Nagar Palika Parishad, Sambhal”,” it stated.
The committee further said that well situated at the entrance of the mosque and partly inside it, cannot be opened for use by Hindus.
“Opening the same for Hindu prayers will result in mischief and disturb the fragile harmony and peace in the area at the moment,” it said in the application.
It, accordingly, sought a direction to not disturb the status quo with regard to the well of the “and not to open the same to Hindu prayers”.
Senior Advocate Huzefa Ahmadi, representing the mosque committee, today informed the Court about a brewing dispute related to the well near the mosque and the notice issued by the Sambhal nagar palika.
The notice referred to the place as Hari Mandir and called for puja etc at the site, it was submitted.
“But see the notice. They are calling it a Hari mandir and that puja etc will be started now,” Ahmadi said.
“No you (Hindu side) cannot do that, please do not do that. Please file a status report,” the Court said.
“This well is outside the purview of the mosque and worship was happening,” said advocate Vishnu Shankar Jain.
“It is half inside and half outside,” Ahmadi countered.
The Court then issued an interim order with regard to the well and directed that the notice issued by Sambhal administration shall not be given effect to.
It also remarked that the top court is keeping a close watch so that peace and harmony is maintained.
The Court nevertheless said that as per Google map, the well seemed to be situated outside the mosque.
“We have been drawing water from the well since time immemorial,” Ahmadi said.
“Let others use the well also,” the CJI remarked.
“But they will dig,” Ahmadi said.
“We are not permitting that,” the CJI said before proceeding to pass order not to give effect to the notice.
In a related development in a case related to the Places of Worship Act, the top court in December 2024 directed trial courts across the country to not pass any effective orders or surveys against existing religious structures in suits filed disputing the religious character of such structures.
