Supreme Court stays execution of Sambhal Nagar Palika notice on well near the mosque

SC halts Nagar Palika notice on Sambhal mosque well, seeks UP govt’s status report

The Supreme Court on Friday directed that the notice issued by the Sambhal Nagar Palika regarding a well outside the Sambhal mosque should not be executed. A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar also issued a notice to the Uttar Pradesh government, requesting a status report within two weeks in response to an application filed by the Committee of Management, Shahi Jama Masjid, Sambhal.

Mosque committee seeks status quo on well

The Mosque Committee has requested the District Magistrate to ensure the status quo regarding the private well located near the mosque’s stairs and entrance. During the hearing, the CJI observed that there was no issue with others using the well from outside the mosque.

“There is no harm if someone uses the well from outside. You have covered the well, let them use it. What is the harm?” CJI Khanna asked the mosque committee’s counsel.

Senior advocate Huzefa Ahmadi, representing the mosque committee, argued that the notice referred to the well as “Hari Mandir” and expressed concerns about its potential use for pooja or bathing, which could escalate tensions. Ahmadi added that the well has traditionally been used by the mosque.

District Administration’s revival drive sparks concerns

The mosque committee alleged that the District Administration of Sambhal has been conducting a drive to revive old temples and wells in the city. Reports suggest that at least 32 old, unused temples have been restored and 19 wells are being made operational for public use. Posters purportedly showing historical wells have also been displayed, some of which claim the mosque’s location as a temple site.

The committee expressed concerns that these actions, along with opening the well for Hindu prayers, could disrupt communal harmony in the area. They also pointed out that the well is partly located within the mosque premises and opening it for public use could create mischief.

Background of the dispute

In November 2024, the Supreme Court stayed trial court proceedings concerning the matter and directed that the petition filed by the mosque committee against a survey order be listed in the Allahabad High Court.

Tensions escalated in Sambhal after a local court ordered a survey of the mosque on November 19, following a petition claiming that the mosque’s site was previously a Harihar temple dedicated to Lord Vishnu’s last incarnation, Kalki. The petition alleged that the temple was demolished in 1526 to construct the mosque. The court-ordered survey led to clashes between locals and the police, resulting in the deaths of four individuals.

Current status

The Uttar Pradesh government told the Supreme Court that the situation in Sambhal is peaceful and accused certain groups of trying to create issues. The Supreme Court has sought a detailed report from the state government while maintaining the stay on the Nagar Palika notice.

This ongoing case highlights the delicate balance needed to address historical disputes while preserving peace and harmony in the region.

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