The Supreme Court on Friday stayed the implementation of a notice issued by Sambhal authorities regarding worship or other activities at a well located near the disputed Shahi Jama Masjid in Sambhal.
Issuing notice returnable by February 21, the Bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar directed the Sambhal authorities to file a status report within two weeks.
The Apex Court passed the order on a petition filed by the Committee of Management Shahi Jama Masjid Sambhal challenging a civil court order of November 19, which directed an Advocate Commissioner to survey the Mosque.
The Sambhal court passed the order on a suit filed by Advocate Hari Shankar Jain and seven others, claiming that the mosque was constructed over a demolished temple during the Mughal era.
The latest application filed by the mosque committee apprised the Apex Court that the Sambhal District administration, in its drive for the so-called ‘revival’ of old temples and wells, was giving publicity to the proposed public access being granted to the use of the well located near the mosque. It alleged that the notice issued by Sambhal authorities projected the mosque as a temple.
The petition claimed that posters have been put up around Sambhal and near the Mosque, purportedly indicating the location of historical wells and showing the Mosque as a temple. The posters also bore the indication that they have been installed by the Nagar Palika Parishad of Sambhal.
The committee further said that the well situated at the entrance of the mosque and partly inside it could not be opened for prayers by Hindus, since it would result in mischief and disturb the fragile harmony & peace in the area at the moment.
The petitioner sought a direction not to disturb the status quo with regard to the well, and not to open the same for Hindu prayers.
Appearing for the mosque committee, Senior Advocate Huzefa Ahmadi today apprised the Apex Court about a brewing dispute related to the well near the mosque and the notice issued by the Sambhal Nagar Palika.
He contended that the notice referred to the place as Hari Mandir and called for puja at the site.
The Apex Court, while asking the Hindu side to refrain from such activities at the well, ordered that the notice issued by Sambhal administration shall not be given effect to.
It further said that the Court would keep a close watch on the situation so that peace and harmony was maintained.
The Bench further pointed out that as per Google map, the well seemed to be situated outside the mosque.
Ahmadi contended that the Muslim side has been drawing water from the well since time immemorial.
The Bench asked the Muslim side to let others use the well too.
When the Muslim side expressed apprehensions about others digging the well, the Apex Court said it did not give permission for the same.
On November 27, 2024, the top court of the country directed a trial court in Sambhal not to proceed with a lawsuit related to the Shahi Jama Masjid at Chandausi, till the petition filed by the Masjid Committee against the survey order was listed in the Allahabad High Court.
The Bench of CJI Khanna and Justice Kumar further directed that the report of the Advocate Commissioner, who conducted the survey of the Mosque, should be kept in a sealed cover and should not be opened in the meantime.
It also ordered the Allahabad High Court to list the petition within the next three working days.
The Apex Court passed the directions on a petition filed by the Sambhal Shahi Jama Masjid Committee challenging the Sambhal court’s order of November 19, directing an Advocate Commissioner to survey the Mosque over claims that it was built after destroying a temple.
The top court of the country, while stating that it has not expressed any opinion on the merits of the matter, re-listed the Special Leave Petition filed by the Mosque Committee, for hearing in the week starting on January 6, 2025.
The Bench also directed Additional Solicitor General KM Nataraj, representing the Uttar Pradesh administration, to maintain peace and harmony among all communities in the Sambhal district. The ASG was further ordered to ensure that the situation remained absolutely neutral and that nothing wrong was done.
At the outset of the hearing, the Apex Court told Senior Advocate Huzefa Ahmadi, representing the mosque committee, to challenge the order in an appropriate forum. Instead of directly approaching the Supreme Court, move the High Court for relief under Article 227, said the Bench.
Appearing for the respondents (plaintiffs in the suit), Advocate Vishnu Shankar Jain apprised the Apex Court that the trial court had listed the matter for further hearing on January 8.
The Bench then ordered the Sambhal court not to take any further steps on the suit till January 8.
Ahmadi contended that 10 suits were pending across the length and breadth of the country. The modus operandi was that on the first day only, the surveyor was appointed, he added. Ahmadi sought a stay on the Sambhal court order on the grounds that the trial court order had the potential to cause ‘great mischief’.
After the order was dictated, Ahmadi requested that the filing of the Advocate Commissioner’s report be stopped.
Noting that the filing of the report could not be stopped, the Bench directed that the report submitted by the Advocate Commissioner be kept in a sealed cover and not be opened.
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