NEW DELHI: The Supreme Court on Friday ordered that no action be taken regarding a private well located near the entrance of Sambhal’s Shahi Jama Masjid without its permission. A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar ordered maintenance of the status quo and directed the authorities to submit a status report within two weeks.
The plea was filed by the Shahi Jama Masjid Management Committee, challenging a November 19, 2024 order of the Sambhal High Division Civil Judge. The order had allowed the appointment of a defense commissioner to inspect the mosque, raising concerns about the potential for violence. The mosque management argued that the study led to violence and loss of life, prompting the Supreme Court to intervene.
Senior advocate Huzefa Ahmadi, representing the mosque management, highlighted the historical importance of the well. “We have been drawing water from the well since time immemorial,” he said. Ahmadi also expressed concern about a notice that referred to the site as “Hari Mandir”, suggesting plans to start religious activities there. “Such activities will not be allowed. Please submit a status report,” CJI Khanna said.
The court emphasized that the status quo must be maintained and that notices related to the well should not be enforced. Lawyer Vishnu Shankar Jain, representing the Hindu side, argued that the well is outside the purview of the mosque but has historically been used for worship.
Ahmadi responded, stating that the well is partly inside and partly outside the mosque premises, backing up his claim with a Google Maps image. The mosque management’s petition sought a direction to the Sambhal district magistrate to ensure that no action is taken regarding the well without the court’s permission.
The mosque committee’s plea was filed against the November 19 order of the Sambhal civil judge, which had allowed the survey even though the committee was not heard. The plea also cites violence and loss of life resulting from a second survey, which led to urgent intervention by the Supreme Court.