India

No puja or holy bath can take place at well located near Sambhal’s Jama Masjid: SC

Five Muslims were killed in Sambhal when Uttar Pradesh Police opened fire on locals protesting a survey of the Shahi Jama Masjid in November.

New Delhi: The Supreme Court on Friday issued a notice on a plea filed by the management committee of Sambhal’s Jama Masjid and ordered the maintenance of the status quo regarding a private well near the mosque’s entrance.

A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar instructed that no actions concerning the well be taken without the court’s approval and directed authorities to submit a status report within two weeks.

The petition challenged a November 19, 2024, order by the Sambhal Senior Division Civil Judge, which permitted the appointment of an advocate commissioner to survey the mosque. The mosque committee argued that the survey had triggered violence and resulted in casualties, necessitating the Supreme Court’s intervention.

Senior Advocate Huzefa Ahmadi, representing the mosque committee, highlighted the well’s historical significance, stating, “We have been drawing water from the well since time immemorial.” He also raised concerns about notices referring to the site as “Hari Mandir” and plans for religious activities there.

Chief Justice Khanna assured that no such activities would be allowed and reiterated the importance of maintaining the status quo.

Advocate Vishnu Shankar Jain, representing the Hindu side, contended that the well lies outside the mosque’s jurisdiction and has historically been used for worship. In response, Ahmadi argued that the well is partially within the mosque premises, referencing a Google Maps image to support his claim.

The mosque committee’s plea also criticised the local court’s decision to allow the survey without granting it an opportunity to be heard. It stated that the second survey had led to unrest and loss of life, prompting the filing of a special leave petition under urgent circumstances.

The bench reaffirmed that no steps regarding the well should be taken without the Supreme Court’s permission, ensuring its status remains unchanged.

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