New Delhi: The Supreme Court issued a stay order on Friday preventing puja or other activities at a well near the disputed Shahi Jama Masjid in Sambhal, Uttar Pradesh.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar stayed the implementation of a notice issued by the Sambhal administration regarding the well.
The Bench also directed the authorities to file a status report.
“Issue notice returnable on February 21. In the meantime, the status report is to be filed by respondents in two weeks. The respondents shall not give effect to any notice concerning the well,” the Court ordered.
The case was brought before the Court by the Committee of Management of Shahi Jama Masjid Sambhal, which challenged a civil court order directing a survey of the mosque. The civil court’s directive was issued following a suit filed by Advocate Hari Shankar Jain and seven others, alleging that the mosque had been constructed over a demolished temple during the Mughal era.
In November 2024, the Supreme Court urged authorities to maintain peace and harmony in response to violence that erupted after the civil court’s order.
In its latest application, the mosque committee raised concerns about the Sambhal District administration’s alleged efforts to revive “old temples and wells” and publicize the proposed public access to the well near the mosque. The committee alleged that posters had been put up around Sambhal and near the mosque, depicting it as a temple and indicating the location of historical wells. These posters purportedly bore the name of the “Nagar Palika Parishad, Sambhal.”
The committee argued that the well, located at the mosque’s entrance and partially within its premises, could not be opened for Hindu prayers without risking communal tension. “Opening the same for Hindu prayers will result in mischief and disturb the fragile harmony and peace in the area at the moment,” the committee submitted.
Senior Advocate Huzefa Ahmadi, representing the mosque committee, informed the Court about the brewing dispute and the notice issued by the Sambhal Nagar Palika. He highlighted that the notice referred to the area as “Hari Mandir” and called for puja at the site.
“But see the notice. They are calling it a Hari Mandir and that puja etc will be started now,” Ahmadi argued.
Advocate Vishnu Shankar Jain, representing the Hindu side, countered, “This well is outside the purview of the mosque and worship was happening.” Ahmadi rebutted, stating, “It is half inside and half outside.”
The Court intervened, instructing the respondents not to proceed with the notice. “No, you (the Hindu side) cannot do that, please do not do that. Please file a status report,” the CJI remarked.
The Court also noted that, as per Google Maps, the well appeared to be situated outside the mosque, but it emphasized maintaining peace and harmony in the area. “We are not permitting that,” the CJI said while passing the order to halt any activities related to the notice.
In a related development concerning the Places of Worship Act, the Supreme Court in December 2024 directed trial courts nationwide to refrain from passing effective orders or surveys against existing religious structures in cases disputing their religious character.
The Court said as an interim relief, it should be ensured that the status quo is maintained while the case is under judicial scrutiny.
