ไTaking cognisance of a plea filed by Sambhal's Jama Masjid management committee regarding a private well located near the entrance of the mosque, the Supreme Court on Friday issued a stay order injuncting puja or other activities and ordered status quo.
🥂"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.
ꦇA 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.
🍬"Issue notice returnable on February 21. In the meanwhile, status report to be filed by respondents in two weeks. The respondents shall not give effect to any notice in relation to the well," the Court ordered, as per the Bar and Bench.
About the plea
ꦓThe mosque committee filed the plea challenging an order by the Sambhal Senior Division Civil Judge on November 19, 2024, allowing the appointment of an advocate commissioner to survey the mosque.
🐎The court direction was issued in response to a suit filed by Advocate Hari Shankar Jain who claimed that the mosque was constructed over a demolished temple during the Mughal era.
🌳In light of the violence that broke out in Sambhal in November, the apex court called upon the authorities to maintain peace and harmony in the wake of the violence that followed the court order.
♔In its latest application, the mosque committee accused the Sambhal District administration of giving publicity to the proposed public access being granted to the use of the well located near the mosque.
Advocate Vishnu Shankar Jain, representing the Hindu side, said the well is outside the mosque's purview and has historically been used for worship while Senior Advocate Huzefa Ahmadi, who represented the Committee of Management, said the well is partly within and partly outside the mosque premises. Ahmadi cited a Google Maps image to support the claim.
🐬Concerns were also raised over a notice referring to the site as "Hari Mandir" and plans for starting religious activities there.
🔯"Posters have also been put up around Sambhal and near the Mosque indicating purportedly the location of historical wells and therein the Mosque has been shown as a temple. These posters also bear the indication that they have been installed by “Nagar Palika Parishad, Sambhal", the mosque committee mentioned in its plea, as per Bar and Bench.
🌳Responding to the concern, the CJI said "No such activities will be permitted. Please file a status report", while the bench said the status quo must be maintained concerning the well, and no notices related to it would be given effect.
