Supreme Court Asks Sambhal Masjid Committee's Response To UP Govt's Status Report On Well

The Uttar Pradesh Government today (April 29) told the Supreme Court that the well, which is claimed to be used by the Sambhal Jama Masjid, was situated outside the mosque near a police chowki. The Court has granted two weeks to the Sambhal Mosque Committee to file its reply on the submission made by the U.P. Government. The bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar was hearing the petition filed by the Sambhal Shahi Jama Masjid Committee challenging the trial court's order passed on November 19, 2024, directing an Advocate Commissioner to survey the mosque in a suit which claimed that the Mughal era structure was built after destroying an ancient temple.Previously, the Court restrained Uttar Pradesh authorities from giving effect to any notice issued regarding the well near the Sambhal mosque, including the notices/posters put up by the Sambhal Municipality.Subsequently, in a status report filed in the Supreme Court, the State of Uttar Pradesh said that the subject well, locally known as "Dharani varah koop,” is not situated inside the Mughal-era structure( which the State described as a "disputed religious structure"). The well has no relation or connection with the "mosque/disputed religious site,” the report stated.Senior Advocate Hufeza Ahmadi appearing for the Mosque Committee, submitted, "The Well was covered by cement on the top, from the top it was never opened and part of it was inside the mosque - we have been drawing the water from inside the well, we have been using it since time immemorial."The CJI, however, hinted at the possibility of an amicable solution to the whole issue. He expressed:"Can this issue not be resolved? I thought this issue can be resolved. Because let's assume that you are using the well, but let others also use the well."However, Ahmadi replied, "The difficulty is, the well is right at the foot of the mosque- if you want to use it- it's not a question of merely of using of water, but the question is performance of religious ceremonies"CJI interjected - "You do your religious ceremonies wherever you want to"Ahmadi then replied, " The apprehension is something else."Additional Solicitor General KM Natraj, appearing for the state of U.P. submitted that the well is situated completely outside the mosque, near a police chowki. "The well is situated near a tanker, totally outside," he said.Considering the same, the bench asked the Mosque Committee to file its reply on the present submission of the UP State within 2 weeks.Ahmadi requested that three weeks be given since the Chairman of the Mosque Committee was arrested in connection with the Sambhal Violence that erupted after the Survey Orders.Declining the request, the CJI said, "Take a mulaqat and do it. Somebody else can also file the response. Please do it in two weeks only."On November 29 last year, the Court directed the Sambhal Trial Court not to proceed in the suit against the Shahi Jama Masjid at Chandausi, till the petition filed by the Masjid Committee against the survey order is listed in the Allahabad High Court.The Court also directed that the report of the Advocate Commissioner, who conducted the survey of the mosque, should be kept in a sealed cover and should not be opened in the meantime. The Court also suggested that the Uttar Pradesh Government form a peace committee for community mediation under Section 43 of the Mediation Act for communal harmony.Notably, the Court on December 12, while hearing matters related to the Places of Worship 1991 Act, ordered that in pending suits (such as those concerning Gyanvapi mosque, Mathura Shahi Idgah, Sambhal Jama Masjid etc.), any lower Courts should not pass effective interim or final orders, including orders for survey.In January 2025, the Allahabad High Court stayed the proceedings in the suit against the Sambhal mosque till February 25.In November 2024, the Civil Judge (Senior Division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner. The plaintiffs claimed that the Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there. The survey triggered violence on November 24 , which left four persons killed.Case : Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain and others | SLP(C) No.28500/2024

Supreme Court Asks Sambhal Masjid Committee's Response To UP Govt's Status Report On Well

Anmol Kaur Bawa

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