NEW DELHI: No puja or holy bath can take place at a well located near the disputed Mughal-era Shahi Jama Masjid at Sambhal in Uttar Pradesh, which Hindus claim to be Harihar Temple, as the Supreme Court on Friday ordered the status quo at the disputed site.
A Bench led by Chief Justice of India Sanjiv Khanna, which also stayed the execution of a notice said to have been issued by the Sambhal municipal authorities with regard to the well, said it was keeping a close watch on the issue to ensure that peace and harmony were maintained.
Acting on a plea filed by the Committee of Management of Shahi Jama Masjid, Sambhal, the top court asked the UP 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 hearing on February 25.
While dealing with rival petitions on the 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 the religious character of the 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 of 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 use the well also,” the CJI told Ahmadi.
As Ahmadi said, “They are calling it a Hari mandir and that puja 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 Maps, 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 that at least 32 old unused temples were revived and 19 wells 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 the status quo over the private well located near the mosque entrance and future action without the top court’s permission.