Row over well: Supreme Court asks Sambhal mosque panel to respond to status report

Economic Times

29-04-2025

The mosque committee moved the Supreme Court on November 28 last year challenging the November 19 order of the district court directing survey of the Mughal-era mosque while seeking an ex-parte stay on the operation of the November 19, last year order passed by the civil judge.
The Supreme Court has given the mosque committee two weeks to respond to a report. The report states a disputed well is outside Sambhal's Jama Masjid. The court had earlier ordered status quo on prayers at the well. The committee is challenging a lower court order for a mosque survey. Protests and violence occurred last year during the survey.
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New Delhi: The Supreme Court on Tuesday granted two weeks to the mosque committee to respond to a status report which said the disputed well is "totally outside" Sambhal's Mughal-era Jama Masjid . On January 10, the top court directed the Sambhal district magistrate to maintain status quo on reviving or allowing prayers at a "private" well located near the entrance of the mosque.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), 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 additional solicitor general K M Natraj, appearing for the Uttar Pradesh government and other authorities, that the well was situated after a police post (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 March 23 after being questioned in connection with the November 24, 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 Samhal 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" with regard to the well near the mosque and maintain status quo.The plea sought a direction to the Sambhal district magistrate to ensure status quo with respect to the "private well situated near the stairs/entrance of the mosque and not take any steps/actions with regard to 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 in relation to 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 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 November 19, 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 November 29 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" and took note of Natraj's statement and directed the report of to be kept in a sealed cover.The mosque committee moved the Supreme Court on November 28 last year challenging the November 19 order of the district court directing survey of the Mughal-era mosque while seeking an ex-parte stay on the operation of the November 19, last year order passed by the civil judge.On November 24, last year protesters gathered near the mosque and clashed with the security personnel, leading to stone pelting and arson, leaving four dead and several injured.