Supreme Court Orders Status Quo on Well Near Sambhal's Shahi Jama Masjid—All About It

The Supreme Court on Friday (10 January) issued a notice on a plea by the management committee of Sambhal’s Jama Masjid and ordered status quo regarding a private well located near the mosque's entrance.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed that no actions be taken concerning the well without its permission and instructed authorities to submit a status report within two weeks.

The plea, filed by the Committee of Management of Shahi Jama Masjid, challenges a 19 November order by the Sambhal Senior Division Civil Judge, which allowed the appointment of an advocate commissioner to survey the mosque.

The survey, the committee argued, led to violence and loss of life, prompting the urgent intervention of the top court.

Senior Advocate Huzefa Ahmadi, representing the mosque committee, emphasised the historical significance of the well, stating, "We have been drawing water from the well since time immemorial."

Ahmadi also raised concerns about a notice referring to the site as "Hari Mandir" and plans for starting religious activities there.

In response, Chief Justice Khanna remarked, "No such activities will be permitted. Please file a status report," The New Indian Express reported.

The bench ruled that status quo must be maintained regarding the well and that no notices related to it should be given effect.

Advocate Vishnu Shankar Jain, representing the Hindu side, contended that the well is outside the mosque's purview and has historically been used for worship.

Ahmadi countered this claim, asserting that the well is partly within and partly outside the mosque premises, citing a Google Maps image as evidence.

The mosque committee’s plea stated: "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 committee argued that the civil court's order allowing the survey was issued without hearing their side and on the same day the application 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," the plea stated.

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