The Supreme Court on Friday issued a notice on a plea by the Sambhal's Jama Masjid management committee, and ordered status quo with regard to a private well located near the entrance of the mosque.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar directed that no steps be taken regarding the well without its permission and instructed the authorities to file a status report within two weeks.
It challenged an order by the Sambhal Senior Division Civil Judge passed on November 19, 2024 that had allowed the appointment of an advocate commissioner to survey the mosque.
The argument presented was that it was due to the survey violence and loss of life led the top court to intervene with urgent relief.
Senior Advocate Huzefa Ahmadi representing the Committee of Management underscored the importance and history behind the well and quoted, "We have been withdrawing water from this well since eternity."
He even objected to an order citing that the location had been tagged "Hari Mandir" and religion events were being set up here and there.
"No such religious practices will be entertained. Submit the status report", the CJI said.
The bench said the status quo must be maintained concerning the well, and no notices related to it would be given effect.
Advocate Vishnu Shankar Jain, representing the Hindu side, said the well is outside the mosque's purview and has historically been used for worship.
Ahmadi said the well is partly within and partly outside the mosque premises, citing a Google Maps image to support the claim.
The plea further sought, "pass an appropriate direction to the District Magistrate, Sambhal that status quo be maintained with regard to the private well located adjacent to the stairs/entrance of the Mosque and not to take any steps/actions with regard to the same without due permission from this Hon'ble Court".
The mosque committee said that it has moved the plea against an order dated November 19, 2024, passed by the Civil Judge, Senior Division, Sambhal at Chandausi in a case.
Local court allowed the application seeking the appointment of Advocate Commissioner to survey Shahi Jama Masjid. The mosque committee claimed that it has been permitted to file such plea without any hearing on the very same day of its presentation.
"It was in view of a second survey having been undertaken which led to violence and loss of life that the captioned SLP was preferred under the extraordinary circumstances," it said.
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