Sambhal Masjid Row | Supreme Court Directs No Action On Notices Which Claim Well Near Mosque As Hindu Temple

The Supreme Court today (January 10) restrained Uttar Pradesh authorities from giving effect to any notice issued regarding the well near the Sambhal mosque, including the notices/posters put up by the Sambhal Municipality.

The bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar was hearing the petition filed by the Sambhal Shahi Jama Masjid Committee challenging the trial court's order passed on November 19, 2024, directing an Advocate Commissioner to survey the mosque in a suit which claimed that the Mughal era structure was built after destroying an ancient temple.

Senior Advocate Hufeza Ahemadi appearing for the Mosque Committee brought the attention of the bench to the notice issued by Nagar Palika, which claimed the well to be a temple.

CJI asked what was the harm in allowing others to use it. "Now what they say is- in the notice it is called 'Hari Mandir', now they will start using it for pooja , bathing etc." Ahmadi submitted adding that the well was being used for the purposes of the Mosque.

The Mosque Committee filed an interlocutory application seeking a status quo order with respect to the well, saying that posters have been put up by the Nagar Palika showing the well as a temple. The posters were put up after a drive was started by the administration to discover and revive old temples and wells in the region. Those posters were produced as Annexure 5 in the application. Since the well is situated at the entrance of the mosque, 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.

The bench, while issuing notice on the interim application filed by the Mosque Committee, ordered that the notice issued by the Nagar Palika should not be given effect.

"Issue notice returnable on 21st of February 2025. Notice is accepted on behalf of the respondents . In the meanwhile status report will be filed by the respondents within a period of 2 weeks. In the meanwhile, the respondents will not give effect to any notice, including the notice enclosed as Annexure A5 in respect to the well," the order stated.

Before passing the order, CJI examined maps and photographs showing the location of the well.

Advocate Vishnu Shankar Jain, for the plaintiffs in the suit, submitted that the well was outside the mosque and cannot be a subject matter of the Special Leave Petition which is against the order passed by the trial court. Ahmadi said that the well was "half inside, half outside" the mosque premises.

CJI said that the Court was "keeping a close watch so that peace and harmony is maintained."

Additional Solicitor General (ASG) KM Nataraj, appearing for the State of UP, submitted that the situation was peaceful and "they want to create an issue". Ahmadi alleged that that state was being partisan.

On the last hearing, the Court directed the Sambhal Trial Court not to proceed in the suit against the Shahi Jama Masjid at Chandausi, till the petition filed by the Masjid Committee against the survey order is listed in the Allahabad High Court.

The Court also directed that the report of the Advocate Commissioner, who conducted the survey of the mosque, should be kept in a sealed cover and should not be opened in the meantime. The Court also suggested that the Uttar Pradesh Government form a peace committee for community mediation under Section 43 of the Mediation Act for communal harmony.

Notably, the Court on December 12, while hearing matters related to the Places of Worship 1991 Act, ordered that in pending suits (such as those concerning Gyanvapi mosque, Mathura Shahi Idgah, Sambhal Jama Masjid etc.), any lower Courts should not pass effective interim or final orders, including orders for survey.

Earlier this week, the Allahabad High Court stayed the proceedings in the suit against the Sambhal mosque till February 25.

Background

In November 2024, a Civil Judge (Senior Division) of Sambhal passed an ex-parte order for a survey of the mosque by an advocate commissioner. The plaintiffs claimed that the Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing a temple that stood there. The survey triggered violence on November 24 which left four persons killed.

In the petition, the Masjid Committee submitted that the "hot haste" in which the commission survey proceeded gave rise to apprehensions in the minds of the residents of the area, making them come out of their homes.

It is argued that the suit is barred by the Places of Worship Act and the trial court erred in passing the order ex-parte without hearing the mosque side. The petitioner submitted that the mosque is an ancient monument protected by the ASI.

The petitioner said that it was constrained to approach the Supreme Court directly due to the extra ordinary circumstances.

Rampant ordering of surveys where belated claims on Mosques are made is emerging as a pattern, said the Masjid Committee.

It sought directions that no such orders should be routinely passed without hearing the defendants.

Routinely passing such orders will have the tendency to inflame communal passions, create law and order problems and damage the secular fabric of the country, the petitioner said.

Case : Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain and others | SLP(C) No.28500/2024