Supreme Court Addresses Dispute Over Well Near Sambhal Mosque; Seeks Report

On Friday, the Supreme Court ordered that the notice issued by the Sambhal Nagar Palika regarding the well outside the Sambhal mosque should not be enforced.

A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar issued a notice to the Uttar Pradesh government, requesting a status report within two weeks on an application filed by the Committee of Management, Shahi Jama Masjid, Sambhal.

The Mosque Committee has requested an order to maintain the status quo for the private well near the mosque’s entrance stairs.

Supreme Court’s Observation On Well Usage

During the hearing, the bench noted that there is no issue if individuals from outside the mosque use the well.

CJI Khanna stated, “There is no harm if someone uses the well from outside, you have covered the well and let them use it, what is the harm?”

The Supreme Court’s observation came after senior advocate Huzefa Ahmadi, representing the mosque committee, highlighted the notice issued by Nagar Palika.

In response, the bench inquired about the harm in allowing others to use the well.

Ahmadi asserted, “They now call it ‘Hari Mandir’ in the notice, and they will begin using it for pooja, bathing, etc.”

The Uttar Pradesh government countered the concerns, stating that the situation in Sambhal was peaceful and accused the committee of creating unnecessary issues.

The Committee’s application stated that posters displayed around Sambhal and near the mosque mark the locations of historical wells, referring to the mosque as a temple.

The District Administration, Sambhal is carrying out a drive to revive old temples and wells in the city. Reports indicate that the administration has revived at least 32 unused temples and identified 19 wells, which have made operational for public prayers and use, as highlighted in the application.

“The District Administration, in its purported drive for the so-called revival of old temples and wells, is giving publicity to the proposed public access being granted to the use of the well, claiming the said wells to have religious significance,” it further noted.

Legal Notice Issued By Mosque Committee

The mosque committee expressed concerns and issued a legal notice to the District Administration on 16 December 2024, regarding the matter.

“The District Magistrate has stated, as per news reports, that the well is not within the mosque and the interim order passed by this court is only concerning things inside the mosque. While the petitioner disputes this, what is apparent is that the said private well is at the entrance of the mosque and partly inside it, and opening the same for Hindu prayers will result in mischief and disturb the fragile harmony and peace in the area at the moment,”the application stated.

In November 2024, the Supreme Court halted the trial court proceedings, directing it not to hear the case until the Allahabad High Court addresses the mosque committee’s petition against the survey order.

Tensions in Sambhal escalated after the local court ordered a survey of the mosque on 19 November.

The court-ordered survey led to clashes between the Jama Masjid community and police, resulting in four fatalities.

The petition claimed that the mosque site was once a Harihar temple dedicated to Kalki, Lord Vishnu’s last incarnation and that the temple demolished to build the mosque in 1526.

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