The Supreme Court on Friday issued notice on a plea by the Jama Masjid Management Committee of Sambhal and ordered to maintain status quo with respect to a private well located near the entrance of the mosque.
A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed that no action be taken regarding the well without permission and directed the authorities to file a status report within two weeks.
The petition, filed by the management committee of the Shahi Jama Masjid, challenged the November 19, 2024 order of the Sambhal Senior Division Civil Judge, allowing the appointment of an Advocate Commissioner to survey the mosque.
It was argued that the survey had led to violence and loss of life and property, necessitating the immediate intervention of the apex court.
Senior advocate Huzefa Ahmadi, representing the management committee, stressed the historical importance of the well and said, “We have been extracting water from this well since time immemorial.”
Ahmadi expressed concern over the notice which described the place as “Hari Mandir” and planned to start religious activities there. “No such activity will be allowed. Please file a status report,” the CJI said.
The bench said that status quo should be maintained with respect to the well and any notice related to it would not have any effect. Advocate Vishnu Shankar Jain, representing the Hindu side, said the well was outside the confines of the mosque and had historically been used for worship.
Ahmadi said the well is partly inside and partly outside the mosque compound, and cited a Google Maps image to support his claim.
The petition states, “Appropriate directions be issued to the District Magistrate, Sambhal to ensure that status quo is maintained with respect to the private well located near the stairs/entrance of the mosque and no further action is taken in this regard without the permission of the Hon’ble Court. No steps/action should be taken.”
The mosque committee said it has filed a petition against the order dated November 19, 2024, in a case before the Civil Judge, Senior Division, Sambhal at Chandausi.
The local court accepted the plea seeking appointment of Advocate Commissioner to survey the Shahi Jama Masjid. The mosque committee said the petition was accepted without hearing on the same day it was filed.
“In exceptional circumstances, in view of the violence and loss of life and property due to the second survey, the said SLP was given priority,” it said.
