The Chief Justice, however, expressed doubt, stating: “Wells are never really closed; they are always open.” He then suggested that both parties could come to a resolution without a lengthy court process. “Can’t you solve this issue by just sitting and talking?” he asked.
NEW DELHI: Today, 29th April: The Supreme Court on Tuesday gave the mosque committee two weeks’ time to reply to a status report which claimed that the disputed well lies “totally outside” the Mughal-era Jama Masjid in Sambhal.
Senior Advocate Ahmadi, representing the mosque, explained that the well in question is made of concrete and is currently empty.
He stated: “The well is made of concrete and has no water in it.” He further clarified that the well is used for religious purposes.
Earlier, on January 10, the apex court had ordered the Sambhal district magistrate to maintain status quo regarding the revival of or permission to conduct prayers at the “private” well located near the entrance of the mosque.
While hearing a petition filed by the Committee of Management of the Shahi Jama Masjid, Sambhal, a bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar had issued notices to the Centre, the Director General of the Archaeological Survey of India (ASI), the Sambhal District Magistrate, and private litigants from the Hindu side, represented by advocate Hari Shankar Jain.
On Tuesday, Additional Solicitor General K M Natraj, appearing for the Uttar Pradesh government and other authorities, informed the court that the well was located beyond a police post (chowki) and is “totally outside” the mosque premises.
Taking note of the submission, the bench directed the mosque committee to submit its response to the status report within two weeks.
The Chief Justice of India (CJI) raised a question about the well’s function, considering it had no water.
“But if there’s no water in it, what’s the point of it?” the CJI asked. When the advocate confirmed that the well is situated outside the police station, the CJI replied, “Is the well outside the police station?”
Sr. Adv. Ahmadi provided more details, asserting that the well has been covered with cement, and it was never open from the top.
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He further mentioned:
“This well is closed now, it was covered with cement on top. It was never open from the top. Part of the well is inside the mosque, and we used to draw water from it using a pump. We’ve been using this well for a very long time.”
The Chief Justice, however, expressed doubt, stating: “Wells are never really closed; they are always open.” He then suggested that both parties could come to a resolution without a lengthy court process. “Can’t you solve this issue by just sitting and talking?” he asked.
In response, Senior Advocate Ahmadi agreed that a discussion could resolve the matter, saying: “Yes, we can sit and talk.” The CJI added: “I felt this issue could be settled easily. Even if the Mosque is using the well, why not allow others to use it too?”
Sr. Adv. Ahmadi raised a concern about the location of the well, explaining that its placement at the mosque’s entrance was a significant issue: “The problem is that the well is located right at the entrance of the mosque.”
