Today, On 10th January, The Supreme Court ruled against allowing puja at the well located within Sambhal’s Jama Masjid amid an ongoing temple-mosque dispute. The court emphasized maintaining the status quo while addressing the sensitive matter. It has also issued a notice to the Uttar Pradesh government, seeking its response on the issue. The case highlights the judicial approach to balancing religious sentiments and legal considerations.
New Delhi: The Supreme Court issued a stay order on Friday regarding a well located near the disputed Shahi Jama Masjid in Sambhal.
A bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar issued stay the enforcement of a notice issued by Sambhal authorities concerning the well and instructed them to submit a status report.
The Court ordered,
“Issue notice. Returnable on February 21. In the meantime, a status report is to be filed by the respondents in two weeks. The respondents shall not give effect to any notice related to the well,”
The hearing addressed an application from the Committee of Management of Shahi Jama Masjid Sambhal, appealing against a civil court order that mandated a survey of the mosque. This civil court ruling stemmed from a suit filed by Advocate Hari Shankar Jain and seven others, who claimed that the mosque was built over a temple that was demolished during the Mughal era.
In November 2024, the Supreme Court urged the authorities to maintain peace and harmony following violence that erupted after the court order. Senior Advocate Huzefa Ahmadi, representing the mosque committee, informed the Court about a dispute surrounding the well and a notice issued by the Sambhal nagar palika, which referred to the site as “Hari Mandir” and called for worship activities there.
Ahmadi said,
“But look at the notice. They are referring to it as Hari Mandir and stating that worship will commence,”
The Court responded,
“No, you (the Hindu side) cannot do that. Please file a status report.”
Advocate Vishnu Shankar Jain argued,
“This well is outside the mosque, and worship was occurring there.”
Ahmadi countered,
“It is half inside and half outside.”
Following this exchange, the Court issued an interim order regarding the well, directing that the notice from the Sambhal administration not be enforced. The Court emphasized that it is closely monitoring the situation to ensure peace and harmony is preserved.
The Court also noted that, according to Google Maps, the well appeared to be situated outside the mosque.
Ahmadi stated,
“We have been drawing water from the well since time immemorial,”
The CJI remarked,
“Let others use the well too,”
To which Ahmadi replied,
“But they will dig.”
Before issuing the order to prevent the notice from taking effect. The CJI responded,
“We are not permitting that,”
In a related matter concerning the Places of Worship Act, the Supreme Court directed in December 2024 that trial courts nationwide should refrain from issuing effective orders or conducting surveys against existing religious structures in disputes over their religious character.