Sambhal Shahi Jama Masjid: Supreme Court orders status quo for well

The Supreme Court on Friday, 10 January, ordered the status quo be maintained regarding a private well located near the entrance of the Shahi Jama Masjid in Uttar Pradesh’s Sambhal, instructing that no action be taken without its prior approval and fixed the next hearing for 21 February.

The bench, consisting of chief justice of india Sanjiv Khanna and justice Sanjay Kumar, issued a notice and directed the authorities to submit a status report within two weeks.

The petition was filed by the management committee of the Shahi Jama Masjid, challenging a 19 November 2024 order by the senior division civil judge of Sambhal, which permitted the appointment of an advocate commissioner to survey the mosque. The petitioners argued that the survey had led to violence and loss of life, prompting the need for urgent intervention by the Supreme Court.

Senior advocate Huzefa Ahmadi, representing the mosque committee, spoke of the historical significance of the well, stating, “We have been drawing water from this well since time immemorial.”

Ahmadi also raised concerns over a notice referring to the site as ‘Hari Mandir’ and plans to commence religious activities there. In response, CJI Khanna asserted, “No such activities will be permitted. Please file a status report.”

The Supreme Court also restrained the Uttar Pradesh government and Sambhal district administration from acting on a municipal notice to open the well for public use.

Half of the well is located within the mosque structure, while the other half is outside it.

The court stressed the importance of maintaining communal harmony in the region, which has experienced tensions due to claims that a Hindu temple once stood at the site of the mosque.

Advocate Vishnu Shankar Jain, representing the Hindu side, argued that the well lies outside the mosque's purview and has historically been used for worship. However, Ahmadi contended that the well is partly within and partly outside the mosque premises, citing a Google Maps image to support the claim.

The mosque committee sought an order directing the district magistrate of Sambhal to ensure that status quo is maintained regarding the private well near the mosque entrance and that no steps be taken without the Supreme Court’s permission.

The committee's plea also contested the 19 November 2024 order of the civil judge, senior division, Sambhal, which allowed the appointment of an advocate commissioner for the mosque survey. The committee argued that the plea was granted without a hearing on the same day it was filed.

Furthermore, the committee explained that the second survey, which resulted in violence and fatalities, led to the urgent appeal to the Supreme Court.

The Supreme Court Bench issued a stay on the December 2024 notice from the Sambhal Nagar Palika Parishad. This notice involved cleaning the well, investigating the property and opening to the public the portion outside the mosque.

The court emphasised that it is “closely monitoring” the situation to ensure peace and harmony in the area.

The next hearing is scheduled for February 21, and the district administration has been instructed to file a status report within two weeks.

The court is addressing the mosque committee's plea challenging the trial court's order for a survey of the mosque, questioning both its legality and the manner in which it was carried out. This survey sparked significant tensions in Sambhal, leading to violent clashes on 24 November 2024, which resulted in four deaths and numerous injuries, including among police officers.

During Friday's hearing, Ahmadi referred to the notice from the Sambhal civic body concerning the well and urged the court to order the district administration not to take any steps regarding the well’s investigation or its opening, as the well had been constructed outside the mosque structure without prior permission from the court.

Additional solicitor general (ASG) K.M. Nataraj, representing the Uttar Pradesh government, opposed the petition, asserting, “It’s a public well and property of the state. Everything is peaceful now. They want to create problems.”