No puja at well near Shahi Jama Masjid, Sambhal, as SC orders status quo

No puja or holy bath can take place at a well located near the disputed Mughal-era Shahi Jama Masjid, Sambhal in Uttar Pradesh, which Hindus claimed to be Harihar Temple as the Supreme Court on Friday ordered a status quo at the disputed site.

A Bench led by Chief Justice of India Sanjiv Khanna – which also stayed execution of a notice said to have been issued by the Sambhal municipal authorities, Sambhal, with regard to the well – said it was keeping a close watch on the issue to ensure that peace and harmony is maintained.

Acting on a plea filed by the Committee of Management, Shahi Jama Masjid, Sambhal, the top court asked the Uttar Pradesh authorities, the Archaeological Survey of India (ASI) and others not to take any steps over a “private well” near the disputed mosque in Sambhal.

The Bench – which also included Justice PV Sanjay Kumar -- sought a status report from the authorities in two weeks and posted the matter for February 25.

While dealing with rival petitions on Places of Worship Act, 1991, the top court had on December 12 last year restrained trial courts across India from registering fresh suits and ordering surveys or passing any effective and final orders with regard to religious character of existing structures in pending suits. The Bench had, however, refused to stay the proceedings in 18 suits pending with regard to 10 places of worship.

The Committee of Management, Shahi Jama Masjid, Sambhal, has challenged a Sambhal civil court’s November 19, 2024 order appointing an advocate to survey the mosque.

"We have been drawing water from the well since time immemorial," senior advocate Huzefa Ahmadi submitted on behalf of the committee. "Let others also use the well," the CJI told Ahmadi.

As Ahmadi said, "They are calling it a Hari mandir and that puja etc will be started now…they will dig it,” the CJI said, “We are not permitting that… No you (Hindu side) cannot do that… Please do not do that.”

On behalf of the Hindu side, advocate Vishnu Shankar Jain said, "The well is outside the purview of the mosque and worship has been happening.”

"It’s half inside and half outside," Ahmadi said.

The court pointed out that as per Google map; the well seemed to be situated outside the mosque.

Additional Solicitor General KM Nataraj, representing the UP government, said the situation was peaceful and "they want to create an issue".

In their suit filed in a civil court at Sambhal, advocate Hari Shankar Jain and others have claimed that the mosque was constructed over a demolished temple during the Mughal era.

However, the mosque committee contended that the Sambhal district administration was conducting a purported drive to revive old temples and wells in the city with reports indicating at least 32 old unused temples were revived and 19 wells were identified for public use and prayers.

“In the list of wells being sought to be revived by the district administration is also a water-well situated in the precincts of the mosque itself,” it said, seeking a direction to the Sambhal district magistrate to ensure a status quo over the private well located near the mosque entrance.