SC asks Sambhal Mosque panel to respond to status report within two weeks

New Delhi: The Supreme Court on Tuesday granted the mosque committee two weeks to respond to a status report asserting that the disputed well is “totally outside” Sambhal's Mughal-era Jama Masjid.

Earlier, on January 10, the apex court directed the Sambhal district magistrate to maintain status quo regarding the revival or permission for prayers at a "private" well situated near the mosque's entrance.

In response to a plea from the Committee of Management, Shahi Jama Masjid, Sambhal, the bench issued notices to the Centre, the director general of the Archaeological Survey of India (ASI), the Sambhal district magistrate, and private Hindu litigants led by Hari Shankar Jain.

On Tuesday, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was informed by Additional Solicitor General K M Natraj, representing the Uttar Pradesh government and other authorities, that the disputed well was located beyond a police post (chowki), “totally outside” the mosque premises.

The bench instructed the mosque committee to submit its response to the authorities' status report within two weeks. Senior advocate Huzefa Ahmadi, representing the mosque committee, requested an extension of three weeks, citing the incarceration of the committee's president, Zafar Ali.

“Take a ‘mulaqat' (meeting with an inmate in jail) and do it. Somebody else can also file the response. Please do it in two weeks only,” the CJI said and deferred the hearing on the plea.

The mosque committee, in its plea, alleged that the Sambhal district administration was undertaking a “purported drive” to revive old temples and wells in the city. Reports suggested that at least 32 old, unused temples had been restored, and 19 wells were being made operational for public prayers.

The committee claimed that the list of wells targeted for revival included one located within the mosque precincts. In response, the bench directed the district magistrate to refrain from implementing the notice concerning the well near the mosque and to maintain the status quo.

The plea requested the Sambhal district magistrate to maintain the status quo concerning the "private well situated near the stairs/entrance of the mosque" and to refrain from taking any actions regarding it without prior approval from the court.

It stated that while one half of the covered well was located within the mosque premises, the other half extended outside onto a curved platform. The well was described as being situated at the tri-junction of three narrow lanes leading to the mosque's main entrance and was historically used for drawing water for the mosque.

The bench directed that no steps be taken concerning the well without its explicit permission and instructed the authorities to submit a status report within two weeks.

Ahmadi emphasised the historical importance of the well, stating, "We have been drawing water from the well since time immemorial." He expressed concerns about a notice identifying the site as "Hari Mandir" and plans to initiate religious activities there.

Advocate Vishnu Shankar Jain, representing the Hindu side, argued that the well was outside the mosque's jurisdiction and had historically been used for worship. Ahmadi countered, asserting that the well was partially within and partially outside the mosque premises, referencing a Google image to support his claim.

(inputs from PTI)