SC stays civic agency order to allow opening of well near Sambhal mosque
This story was originally published at 14:20 IST on 10 January 2025
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NEW DELHI – The Supreme Court on Friday stayed a municipal notice for opening of a well situated at the entrance of Shahi Jama Masjid in Sambhal, Uttar Pradesh, and said that no further steps should be taken without the court's permission. The court issued a notice to the Hindu side and asked the authorities in Sambhal to file a status report within two weeks, listing the case for hearing on Feb. 21. The bench led by the Chief Justice of India Sanjiv Khanna said that the top court was keeping a close watch so that peace and harmony are maintained.
In December, a notice issued by the Sambhal Nagar Palika Parishad stated about cleaning of the well, investigating the property, and opening the portion outside the mosque. The petitioner Committee of Management, Shahi Jama Masjid, Sambhal, said that the Sambhal district administration, in its drive for the "so-called revival of old temples and wells", was giving publicity to the proposed public access being granted to the use of the well located near the mosque.
"Posters have also been put up around Sambhal and near the Mosque indicating purportedly the location of historical wells and therein the Mosque has been shown as a temple. These posters also bear the indication that they have been installed by Nagar Palika Parishad, Sambhal," said the mosque committee. The petitioner said that the well was situated at the entrance of the mosque and partly inside it, cannot be opened for use by Hindus. The committee said that in the notice they have called the well as Hari Mandir and says they will use the water for pooja and bathing of worshippers. "What's this? Don't start all this. This isn't fair...don't do all that," remarked the court.
On Nov. 29, the apex court had asked the trial court in Uttar Pradesh's Sambhal to not proceed with the case involving Shahi Jama Masjid till the mosque committee's plea challenging Civil Judge (Senior Division)'s order to allow survey of the mosque was listed in the Allahabad High Court. The Hindu side has claimed that the Mughal era mosque was built by destroying the "Shri Hari Har Temple".
The case has its genesis from a suit filed by Hari Shankar Jain and others saying that there was a temple earlier where the Sambhal mosque stood. On Nov. 19, the civil judge passed an ex-parte order and allowed the request for appointing an advocate commissioner for survey of the mosque. Thereafter, four people died of gunshot wounds metres away from the mosque after violence that broke out after the survey team showed up at the mosque. Consequently, the mosque committee moved the Supreme Court against the civil judge's order. End
Reported by Surya Tripathi
Edited by Akul Nishant Akhoury
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