SC orders status quo in Sambhal Shahi Jama Masjid well dispute

New Delhi: In response to a request by the Sambhal's Jama Masjid management committee, the Supreme Court on Friday issued a notice and ruled in favour of maintaining the status quo over a private well close to the mosque's entrance.

A panel made up of Justice Sanjay Kumar and Chief Justice Sanjiv Khanna ordered the authorities to submit a status report within two weeks and prohibited any actions pertaining to the well without its permission.

The plea filed by the Committee of Management of Shahi Jama Masjid 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 led to violence and loss of life, prompting the 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." 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, said the well is outside the mosque's purview and has historically been used for worship.

Ahmadi said the well is partly within and partly outside the mosque premises, citing a Google Maps image to support the 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 the 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.

With PTI inputs