Supreme Court bars action on Shahi Jama Masjid well without permission, calls for status report in two weeks

The Supreme Court of India (SC) on January 10 has issued a notice on a plea by the Sambhal's Jama Masjid management committee, and ordered status quo with regard to a private well located near the entrance of the mosque, PTI reported.

The SC bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed that no steps be taken regarding the well without its permission and instructed the authorities to file a status report within two weeks.

About The Plea

The apex court was hearing a plea filed by the Committee of Management of Shahi Jama Masjid, which challenged a November 19, 2024 order by the Sambhal Senior Division Civil Judge that allowed the appointment of an advocate commissioner to survey the mosque.

It argued that the survey led to violence and loss of life, prompting the urgent intervention of the top court. Representing the Committe, Senior Advocate Huzefa Ahmadi noted the historical significance of the well, stating, “We have been drawing water from the well since time immemorial.”

He also raised concerns over a notice referring to the site as “Hari Mandir” and plans for starting religious activities there.

SC Order Disallows Puja At Well

“No such activities will be permitted. Please file a status report,” the CJI said. The bench said the status quo must be maintained concerning the well, and no notices related to it would be given effect.

Appearing for the other side, Advocate Vishnu Shankar Jain said the well is outside the mosque's purview and has historically been used for worship.

Ahmadi said the well is partly within and partly outside the mosque premises, citing a Google Maps image to support the claim. “Pass an appropriate direction to the District Magistrate, Sambhal to ensure that status quo is maintained with respect to the private well situated near the stairs/entrance of the Mosque and not to take any steps/actions with regard to the same without due permission from this Hon'ble Court,” the plea said.

Background

The mosque committee said it has filed the plea against a November 19, 2024 order of the Civil Judge, Senior Division, Sambhal at Chandausi after it allowed an application seeking appointment of an Advocate Commissioner to survey the Shahi Jama Masjid. 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.

(With inputs from PTI)