Sambhal: SC asks mosque panel to respond to status report on well

The Supreme Court on Tuesday granted two weeks to the mosque committee to respond to a status report saying the disputed well is “totally outside” Sambhal's Mughal-era Shahi Jama Masjid.

On 10 January, the top court directed the Sambhal district magistrate to maintain the status quo on reviving or allowing prayers at a 'private' well located near the mosque's entrance.

Considering a plea of the committee of management, Shahi Jama Masjid, Sambhal, the bench issued notices to the Centre, the director-general of the Archaeological Survey of India (ASI), the Sambhal district magistrate and other private Hindu side litigants led by Hari Shankar Jain.

On Tuesday, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was informed by additional solicitor-general K.M. Natraj, appearing for the Uttar Pradesh government and other authorities, that the well was situated after a police outpost (chowki), “totally outside” the mosque.

The bench directed the mosque committee to file its response to the status report of the authorities in two weeks. Senior advocate Huzefa Ahmadi, appearing for the mosque committee, sought three weeks' time on the ground that the president of the mosque committee Zafar Ali was in jail.

Ali was arrested on 23 March after being questioned in connection with the 24 November 2024 violence during a protest against a court-ordered survey of the Mughal-era mosque.

“Take a mulaqat (meeting with an inmate in jail) and do it. Somebody else can also file the response. Please do it in two weeks only,” the CJI said and deferred the hearing on the plea.

The mosque committee, in its plea, said the Sambhal district administration was conducting a “purported drive” to revive old temples and wells in the city with reports indicating the revival of at least 32 old unused temples besides the identification of 19 wells being made operational for public prayers.

The list of wells being sought to be revived by the district administration also included a well in the mosque precincts, it alleged. The bench directed the district magistrate not to give “effect to the notice” about the well near the mosque and to maintain status quo.

The plea sought a direction to the Sambhal district magistrate to ensure the status quo concerning the “private well situated near the stairs/entrance of the mosque and not take any steps/actions about the same without due permission from this court.”

While one half of the covered well was inside the mosque, the other half protruded outside on a curved platform, it said. According to the plea, the well was situated at the tri-junction of the three narrow lanes leading to the mosque's main entrance and was used for drawing water for the mosque, the plea added.

The bench directed against any step about the well without its permission and instructed the authorities to file a status report within two weeks.

Ahmadi underlined the historical significance of the well and said, “We have been drawing water from the well since time immemorial.” He raised concerns over a notice referring to the site as 'Hari Mandir', and plans for starting religious activities there.

Advocate Vishnu Shankar Jain, representing the Hindu side, said the well was outside the mosque's purview and had historically been used for worship. Ahmadi said the well was partly within and partly outside the mosque premises, relying on a Google image to buttress his claim.

The mosque committee challenged a 19 November 2024 order by the Sambhal senior division civil judge who allowed the appointment of an advocate commissioner to survey the mosque. The mosque committee said the plea was allowed without hearing it on the same day it was filed.

The top court, on 29 November last year, ordered a Sambhal trial court to halt proceedings in the case over the mosque and its survey at Chandausi while directing the UP government to maintain peace and harmony in the violence-hit town.

It directed “peace and harmony must be maintained” taking note of Natraj's statement and directed the report to be kept in a sealed cover.

The mosque committee moved the Supreme Court on 28 November last year challenging the 19 November order of the district court directing a survey of the Mughal-era mosque while seeking an ex-parte stay on the operation of the 19 November, last year order passed by the civil judge.

On 24 November last year, protesters gathered near the mosque and clashed with security personnel, leading to stone pelting and arson, leaving four dead and several injured.