The Supreme Court on Friday restrained the Uttar Pradesh government and the Sambhal district administration from taking any action related to the disputed well of the Shahi Jama Masjid. This well is divided into two parts inside and outside the mosque. The court stressed the need to maintain communal harmony. In this controversy it is being claimed that a Hindu temple earlier existed in place of the mosque.
Supreme Court order and date of next hearing
The Supreme Court bench, comprising Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar, stayed the notice issued in December 2024 by the Sambhal Municipal Council. The notice called for cleaning of the well, inspection of the property, and opening of the mosque’s exterior for public use.
The court ensured that peace is maintained keeping in mind any sensitivity in the matter. Now the next hearing of this case will be on 21st February. The court has ordered the district administration to file a status report within two weeks.
Petition of Mosque Management Committee
The management committee of Shahi Jama Masjid had challenged the order of the lower court in the Supreme Court. The trial court had ordered a survey of the mosque, which the mosque management described as an “illegal and hasty” step.
The management committee claimed that after this survey, violent clashes took place in Sambhal on 24 November 2024, in which four people died and many others were injured.
Mosque’s lawyer demanded a stay
During the hearing, senior advocate Huzaifa Ahmadi, appearing for the mosque management, argued that the well is located inside and outside the mosque and opening it for public use could disturb religious harmony.
He said,
“This well was already covered and the mosque used to use its water through a pump. The municipal notice calls it a ‘green temple’ and says it will be used for worship and bathing of devotees.”
Uttar Pradesh government’s side
Additional Solicitor General (ASG) KM Nataraj, appearing for the government, argued that the well is public property and should be opened to all. He said that at present the situation is peaceful, but some people are trying to make it controversial.
The Supreme Court said on this:
“This is water, everyone should be allowed to use it. If a person takes water from outside, it should not be a problem.”
Background of the survey and controversy
The controversy started when the Hindu side claimed that the mosque was built on the site where the Harihar Temple was earlier located. The Hindu side had sought permission to worship here. The local court then ordered a survey of the mosque.
Tension increased in the area following the survey, and violent clashes broke out in November 2024.
Supreme Court’s mediation and suggestions
Considering the sensitivity of the issue, the Supreme Court stayed the action of the lower court. The court advised taking up the matter in the Allahabad High Court and directed the state government to take proactive steps to maintain peace.
Efforts to maintain communal harmony
The Supreme Court appealed to all parties to exercise restraint and maintain communal harmony. The court said that efforts should be made to mediate between communities to resolve disputes.
