The Supreme Court on Friday directed that the notice issued by the Sambhal Nagar Palika regarding the well outside the Sambhal mosque should not be executed. A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar issued notice to the Uttar Pradesh government and sought a status report from it within two weeks on an application filed by the Committee of Management, Shahi Jama Masjid, Sambhal.
The Mosque Committee has sought direction from the District Magistrate to ensure that the status quo is maintained with respect to the private well situated near the stairs/entrance of the mosque. During the hearing, the bench observed that there is no harm if someone else uses the well from outside the mosque.
“There is no harm if someone uses the well from outside, you have covered the well and let them use it, what is the harm?,” asked CJI Khanna from counsel appearing for the committee. The observation of the top court came after senior advocate Huzefa Ahmadi, representing the mosque committee, brought the attention of the bench to the notice issued by Nagar Palika.
To which the bench asked what was the harm in allowing others to use the well. “Now what they say is, in the notice it is called ‘Hari Mandir’, now they will start using it for pooja, bathing etc,” Ahmadi said adding that the well was being used for the Mosque. The CJI then Ahmadi that there was no harm in people using well from the outside.
Uttar Pradesh government told the top court that the situation was “very peaceful” and “they want to create an issue”. The application of the Committee said 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.
“District Administration, Sambhal is conducting a purported drive to revive old temples and wells in the city with reports indicating that at least 32 old unused temples have been revived and 19 wells have been identified which are being made operational for public prayers/use,” the application stated.
“The District Administration, in its purported drive for the so-called revival of old temples and wells, is giving publicity to the proposed public access being granted to the use of the well, claiming the said wells to have religious significance,” it added. The mosque committee said that it has apprehensions and has already given a legal notice on December 16, 2024, to the District Administration in this regard.
“The District Magistrate has stated, as per news reports, that the well is not within the mosque and the interim order passed by this court is only concerning things inside the mosque. While the petitioner disputes this, what is apparent is that the said private well is situated at the entrance of the mosque and partly inside it, and opening the same for Hindu prayers will result in mischief and disturb the fragile harmony and peace in the area at the moment,” added the application.
In November 2024, the top court stayed the trial court proceedings in the case, directing it not to hear the matter until the petition filed by the mosque committee against the survey order is listed in the Allahabad High Court.
Tensions in Sambhal had simmered after the local court ordered a survey of the mosque on November 19. Opposing the court-ordered survey of the Jama Masjid people clashed with police, resulting in the death of four persons. The survey followed a petition filed by some persons in the local court, claiming that the site of the mosque was previously a Harihar temple, dedicated to Kalki, the last incarnation of Lord Vishnu, and built in 1526 after demolishing the temple.
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