Top court urges peace, issues stay on notices projecting mosque as a temple.
The Supreme Court on Friday halted any religious activities, including puja, at a well situated near the disputed Shahi Jama Masjid in Sambhal, emphasizing the need to maintain peace and harmony in the area. The decision came in response to an application filed by the Committee of Management Shahi Jama Masjid Sambhal, challenging a civil court’s directive for a survey of the mosque premises.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar issued a notice to the respondents and instructed the Sambhal authorities to file a status report within two weeks. “In the meanwhile, status report to be filed by respondents. The respondents shall not give effect to any notice in relation to the well,” the Court ordered.
The dispute centers on claims by Advocate Hari Shankar Jain and others that the mosque was constructed over a demolished temple during the Mughal era. The Sambhal District administration’s recent notices promoting the site as a temple and calling for public access to the well have further escalated tensions.
Senior Advocate Huzefa Ahmadi, representing the mosque committee, alleged that posters installed by the Nagar Palika Parishad, Sambhal, labeled the site as “Hari Mandir” and publicized plans for Hindu worship at the well.
“This well is partly situated at the entrance of the mosque and partly inside. Opening it for Hindu prayers will disrupt the fragile peace in the area,” Ahmadi argued.
During the hearing, the Court emphasized its commitment to maintaining harmony. “No, you cannot do that. Please do not do that,” the Bench directed the Hindu side while staying the implementation of the notice.
While the Hindu side contended that the well had historically been used for worship, Ahmadi countered, “It is half inside and half outside the mosque premises.” The Court acknowledged the ambiguity, noting that the well appears outside the mosque as per Google Maps but clarified, “We are not permitting any digging or disruption.”
In a broader context, the Court referred to its December 2024 order, which prohibits trial courts nationwide from passing orders or surveys that challenge the religious character of existing structures under the Places of Worship Act, 1991.
Reiterating the importance of peace, the Bench concluded, “The top court is keeping a close watch to ensure harmony is maintained.”
Case: Committee of Management Shahi Jama Masjid Sambhal vs Hari Shankar Jain and Ors – Available on LAWFYI.IO
