SC Puts Stay on Puja Activities at Well Near Shahi Jama Masjid in Sambhal

New Delhi, January,10 2025: The Supreme Court on Friday issued a stay order preventing any puja or other activities at a well situated near the disputed Shahi Jama Masjid in Sambhal, Uttar Pradesh. A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar stayed the enforcement of a notice issued by the Sambhal administration regarding the well. The Bench also instructed the authorities to submit a status report.

“Issue notice returnable on February 21. Meanwhile, the status report should be submitted by the respondents within two weeks. No notice concerning the well should be enforced,” the Court ordered. The case was presented before the Court by the Committee of Management of Shahi Jama Masjid Sambhal, which challenged a civil court ruling that directed a survey of the mosque. The court order followed a lawsuit filed by Advocate Hari Shankar Jain and seven others, who claimed that the mosque was constructed on the site of a demolished temple from the Mughal era.

In response to the civil court’s order, which led to unrest, the Supreme Court had urged authorities to maintain peace and harmony in November 2024. In its recent petition, the mosque committee raised concerns over the Sambhal District administration’s alleged attempts to revive “old temples and wells” and promote public access to the well near the mosque. The committee claimed that posters had been put up in the area, depicting the well as a part of a temple complex, and identified it as a “historical well” under the jurisdiction of the “Nagar Palika Parishad, Sambhal.”

The committee argued that opening the well for Hindu prayers, given its proximity to the mosque, could create communal tensions and disrupt the fragile peace in the region. “Allowing Hindu prayers at the site will provoke conflict and disturb the delicate harmony,” the committee asserted.

Senior Advocate Huzefa Ahmadi, representing the mosque committee, informed the Court about the growing dispute and the notice issued by the Sambhal Nagar Palika. He pointed out that the notice referred to the well as “Hari Mandir” and proposed initiating puja ceremonies there. “The notice refers to it as a Hari Mandir and calls for puja to begin,” Ahmadi argued.

On the other hand, Advocate Vishnu Shankar Jain, representing the Hindu side, countered by asserting that the well was outside the mosque’s jurisdiction and that worship had already been taking place there. Ahmadi refuted this, stating that the well is “half inside and half outside the mosque.”

The Court intervened and ordered the respondents not to proceed with the notice, emphasizing the importance of maintaining peace. “You (the Hindu side) cannot proceed with this. Please file a status report,” the CJI remarked.

While noting that Google Maps indicated the well’s location outside the mosque, the Court stressed the need for peace and ordered a halt to any activities related to the notice. “We are not permitting this,” the CJI added while passing the order.

In a related development, the Supreme Court issued directions in December 2024 concerning the Places of Worship Act, urging trial courts nationwide to avoid passing any orders or surveys that alter the religious character of existing structures. The Court instructed that the status quo should be maintained during judicial review.