Supreme Court Halts Execution Of Civic Body Notice Over Well Near Sambhal Mosque

A civil court had issued the direction in a suit filed by Advocate Hari Shankar Jain and seven others who claimed that the Mughal-era structure was built after destroying an ancient temple.

Senior Advocate Hufeza Ahemadi appearing for the Sambhal Mosque Committee brought the attention of the bench to the notice issued by Nagar Palika regarding the well near the mosque.

The Sambhal Nagar Palika, in the notice, referred to the well area as ‘Hari Mandir’ and called for puja at the site.

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 authorities had contended that allowing the well to be opened for Hindu prayers could disrupt peace in Sambhal, which saw violent clashes last November when a large crowd opposed a court-ordered survey prompted by a plea alleging that a temple had been demolished to construct the Mughal-era mosque.

The mosque committee claimed that a private well near the mosque’s entrance had been identified by Sambhal’s district authorities as part of their purported drive to revive old temples and wells in the city.

The mosque authorities had also refuted the district authorities’ claim that the well is not within the premises of the Shahi Jama Masjid and, therefore, the Supreme Court’s order to temporarily halt any survey does not apply.

In a related development in a case related to the Places of Worship Act, the top court in December 2024 directed trial courts across the country to not pass any effective orders or surveys against existing religious structures in suits filed disputing the religious character of such structures.