The Supreme Court today intervened in the ongoing dispute over a well near the Jama Masjid in Sambhal, Uttar Pradesh, and directed that no Municipality notices related to the well be given effect to, until further orders.

The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar issued notice to the respondents and directed them to file a status report within two weeks.

The Court was hearing a Special Leave Petition (SLP) filed against the Order of the Civil Judge, Sambhal, Chandausi which was passed ex-parte on November 19, 2024, appointing an Advocate Commissioner to survey the Shahi Jama Masjid mosque. It prays for the stay on operation of that Order and a direction to the Civil Judge to place the report of the Survey Commissioner in a sealed cover.

Senior Advocate Huzefa Ahmadi, representing the mosque authorities, argued that the well had been used by the mosque’s community “since time immemorial.” Raising concerns about a recent Municipality notice that referred to the site as "Hari Mandir" and suggested the commencement of puja, Ahmadi sought an order to maintain the status quo.

CJI Khanna assured, “No, you cannot do that. Please do not do that,” emphasizing that peace and harmony must be maintained.

Advocate Vishnu Jain, appearing for the opposing party, contended that the well was outside the mosque's jurisdiction and had been a pilgrimage site with worship historically taking place there. Ahmadi countered that the well was “half inside and half outside” the mosque premises.

CJI Khanna observed, “We have seen the Google map. It is outside; that is why we made the observation.”

The Court clarified that the interim order pertains exclusively to the well and not the entire site. CJI Khanna further directed that the respondents “shall not give effect to any notice in relation to the well” until the matter is resolved.

While Jain argued that the Supreme Court should address broader issues related to the site, CJI Khanna reiterated that the order was limited to the well.

The matter is now listed for further hearing on February 21, 2025.

Pertinently, on November 29, 2024, the Court had asked the management of Sambhal district's Shahi Jama Masjid to move the Allahabad High Court to challenge a Civil Court's Order to hold a survey of the mosque, while also asking the Civil Court to not proceed with the matter till the High Court hears it.

Earlier, on the day the Civil Court passed its Order, a civil suit was instituted in the same Court seeking an injunction against the management of the mosque to not create any hurdle in the access to the mosque, which the plaintiff termed as a temple.

The Petition filed by the management of the mosque urges attention to the fact that the Civil Court heard the matter ex-parte and on the same day, appointed an Advocate Commissioner to hold a survey, which too was conducted on that day itself in heavy police presence.

On the intervening night of November 23 and 24, 2024, the management was informed that a second survey was to be conducted. This was held early morning on November 24 and led to communal violence in the area, resulting in the deaths of six people.

The Petition notes the Places of Worship (Special Provisions) Act, 1991, contains a bar against the conversion of any place of worship and that they would retain the religious character as on August 15, 1947. "The suit filed is nothing but a discreet attempt at converting the religious character of the Shahi Jama Masjid." it contends.

In the petition, the mosque management says the "rampant ordering of surveys where belated claims on mosques are made is emerging as a pattern". It prays that surveys in cases where belated claims are filed against places of worship should not be ordered and executed as a matter of course in cases involving disputes between two communities over places of worship without hearing the defendants and allowing sufficient time to the aggrieved persons to seek judicial remedies against the Order of survey.

Cause Title: Committee Of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain And Ors. [SLP(C) No. 28500/2024]

Chief Justice Sanjiv KhannaJustice Sanjay Kumar

Sukriti Mishra