NEW DELHI: The Supreme Court on Friday directed the district magistrate to maintain status quo on reviving or allowing prayers at a "private" well located near the entrance of the Mughal-era Jama Masjid mosque in Sambhal.
Considering a plea of the Sambhal Shahi Jama Masjid management committee on the issue, a bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar 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.
The mosque committee's 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.
In the list of wells, being sought to be revived by the district administration, there's also a well in the mosque precincts, it alleged.
Seeking a response from the authorities within two weeks, the bench directed the district magistrate not to give 'effect to the notice' with regard to the well near the mosque.
The plea sought a direction to the Sambhal district magistrate to ensure a "status quo" was maintained 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 said.
The bench directed no steps would be taken regarding the well without its permission and instructed the authorities to file a status report within two weeks.
Senior advocate Huzefa Ahmadi, representing the mosque management comittee, underlined the historical significance of the well and said, "We have been drawing water from the well since time immemorial."
Ahmadi raised concerns over a notice referring to the site as "Hari Mandir" and plans for starting religious activities there.
"No such activities will be permitted. Please file a status report," the CJI said.
The bench said the status quo must be maintained and no notices related to it would be given effect.
Advocate Vishnu Shankar Jain, representing the Hindu side, said the well is outside the mosque's purview and had 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 had 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.
"It was in view of a second survey having been undertaken which led to violence and loss of life that the captioned SLP was preferred under the extraordinary circumstances," it said.
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.
The bench had directed "peace and harmony must be maintained" and took note of the statement of additional solicitor general K M Nataraj, appearing for the state administration.
It directed the proposed report of the advocate commissioner following the mosque survey to be kept in a sealed cover, till the appellate court including the Allahabad High Court, heard the appeal of the mosque committee.
The apex court also directed the mosque committee to move the Allahabad High Court or any other appropriate forum.
The order noted the plea of the Hindu side was fixed before the civil judge on January 8, 2025.
The bench made clear it hadn't expressed any opinion on the merits of the matter.
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.
