SC halts execution of Sambhal civic body notice about well near mosque
The Shahi Jama Masjid administration claimed the well was partly in the mosque premises, while the Uttar Pradesh government held that it was on public land.
The Supreme Court on Friday halted the execution of a notice issued by municipal authorities in Uttar Pradesh’s Sambhal concerning a well next to the Shahi Jama Masjid, reported Live Law.
A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing a petition filed by the mosque committee challenging a November 2024 trial court order for a survey of the Mughal-era mosque, following claims that it was built after the demolition of a Hindu temple at the site.
Five persons were killed in violence during protests in November against the survey of the mosque.
Senior Advocate Hufeza Ahmadi, representing the mosque committee, said that the Sambhal district administration was carrying out a purported drive to revive old temples and wells in the town, The Indian Express reported.
Ahmadi referred to reports that “at least 32 old unused temples have been revived and 19 wells have been identified which are being made operational for public prayers/use”. One of these wells, he said, was the one adjoining the Shahi Jama Masjid.
Ahmadi claimed that the well was partly inside the mosque premises and was being used for the purposes of the mosque. The Uttar Pradesh government, on the other hand, claimed that the well was on government land.
The chief justice remarked that the court was “keeping a close watch so that peace and harmony is maintained”.
Advocate Vishnu Shankar Jain, representing the plaintiffs, contended that the well was outside the mosque premises and beyond the scope of the mosque committee’s petition.
Senior Advocate R Balasubramanian, appearing for the Uttar Pradesh government, said the situation was peaceful and accused the mosque committee of wanting “to create an issue”.
The court ordered the Uttar Pradesh government to file a status report within two weeks and suggested forming a peace committee under the Mediation Act to maintain communal harmony. The report of the trial court-ordered survey is to remain sealed.
The dispute stems from a claim that the mosque, built in 1526 during the reign of Mughal emperor Babur, replaced an ancient Hindu temple.
The Places of Worship Act, 1991, prohibits altering the religious character of places of worship as they existed on August 15, 1947. The mosque committee argued that the trial court’s survey order violated the Act, leading to the violence in November.
Earlier this week, the Allahabad High Court stayed the trial court proceedings until February 25.
UP revisits 1978 Sambhal riots cases amid mosque dispute
Amid the legal proceedings about the Shahi Jama Masjid, the Uttar Pradesh government is compiling details of cases linked to the 1978 Sambhal riots, in which 184 people were killed, reported The Indian Express. The violence began when a Hindu man allegedly killed a Muslim cleric inside the Jama Masjid.
According to the police, 162 cases were registered, largely against Muslims. While one case was investigated by the Crime Branch, others were handled by local police. Neither the police nor the prosecution department found evidence that anyone was convicted in these cases, The Indian Express reported citing unidentified sources.
The Sambhal district administration is also investigating the alleged wrongful acquisition of victims’ properties during the riots. This came after a demand by legislative council member Shrichand Sharma, who called for the return of the properties and action against those responsible for the violence.
Chief Minister Adityanath on December 16 referred to the riots, accusing the Opposition of failing to punish those responsible and questioning their stance on the massacre. “Why have those responsible for the massacre in Sambhal not been punished to this day?” he asked.