New Delhi:

The Supreme Court on Friday issued a notice on a plea by 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.

The plea filed by the Committee of Management of Shahi Jama Masjid challenged a November 19, 2024 order by the Sambhal Senior Division Civil Judge that allowed the appointment of an advocate commissioner to survey the mosque.

It was argued that the survey led to violence and loss of life, prompting the urgent intervention of the top court.

Senior Advocate Huzefa Ahmadi, representing the Committee of Management, emphasised the historical significance of the well, stating, “We have been drawing water from the well since time immemorial.” Mr Ahmadi raised concerns over a notice referring to the site as “Hari Mandir” and plans for starting religious activities there.

“No such activities will be permitted. Please file a 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.

Mr Ahmadi said the well is partly within and partly outside the mosque premises, citing a Google Maps image to support the claim.

“Pass an appropriate direction to the District Magistrate, Sambhal to ensure that status quo is maintained with respect to the private well situated near 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 plea said.

The mosque committee said it has filed the plea against a November 19, 2024 order of the Civil Judge, Senior Division, Sambhal at Chandausi, in a case.

The local court allowed an application seeking appointment of an Advocate Commissioner to survey the Shahi Jama Masjid. The mosque committee said the plea was allowed without hearing it on the same day it was filed.

“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.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Sambhal:

Internet services have been suspended and schools shut after four people were killed in violence over the survey of a mosque in Uttar Pradesh’s Sambhal on Sunday.

Chaos erupted in Sambhal Sunday morning when a court-ordered survey of the Mughal-era Shahi Jama Masjid led to violent clashes between the locals and the police. The mosque is at the centre of a contentious legal battle over claims that it was built on the site of a Hindu temple.

The protesters also set some vehicles on fire and threw stones at the police, who used tear gas and batons to disperse the mob.

In the chaos, about 20 police personnel were also injured. A constable, who suffered an injury to the head, is said to be critical.

Twenty-one people, including two women, have been detained and a probe has been launched, an official said, adding that those accused in the violence would be booked under the stringent National Security Act (NSA).

“The reason for the death of two of them is clear — bullet wounds from countrymade pistols. The reason for the death of the third person is not clear, but it will be after the post-mortem examination,” District Magistrate Rajender Pensiya was quoted as saying by the news agency PTI.

Internet services have been suspended in Sambhal tehsil for 24 hours and the district administration declared a holiday on November 25 for all students up to Class 12.

Officials have also issued a notification prohibiting any outsider, social organization or public representative from entering Sambhal without the orders of the authorities.

The Row Over Mosque Survey In Sambhal

Sambhal has been tense since last Tuesday when the Jama Masjid was surveyed on a local court’s orders following a petition claiming that a Harihar temple stood at the site. The officials said the survey could not be completed on Tuesday and was planned for Sunday morning to avoid interference with prayers that are usually held in the afternoon.

A lawyer for the Hindu side claimed that the temple that once stood at the site was demolished by Mughal Emperor Babur in 1529.

Supporters of the survey argue that it is a necessary step in uncovering historical truths, while critics view it as a provocation that violates the sanctity of religious places as upheld by the Places of Worship Act, 1991.

Despite the violence, officials completed the survey as planned. Advocate Vishnu Shankar Jain, who is a petitioner in the case, said the survey team conducted a detailed examination of the site, supported by videography and photography as per the court’s directives. The survey report is scheduled to be submitted by November 29.

Mr Jain and his father Hari Shankar Jain have earlier represented the Hindu side in many cases related to places of worship, including the Varanasi’s Gyanvapi Mosque-Kashi Vishwanath temple dispute.

Opposition On Mosque Survey In Sambhal

Samajwadi Party (SP) chief Akhilesh Yadav said the Supreme Court should “immediately” take cognizance of the “conspiracy to spread tension in the name of survey”.

“A case of disturbing peace and harmony should be registered against those who took sloganeers with them with the aim of disturbing social harmony and the Bar Association should also take disciplinary and punitive action against them. There was no hope from the UP government and administration, nor is there any now,” he posted in Hindi on X, formerly Twitter.

सर्वे के नाम पर तनाव फैलाने की साज़िश का ‘सर्वोच्च न्यायालय’ तुरंत संज्ञान ले और जो अपने साथ सामाजिक सद्भाव बिगाड़ने के उद्देश्य से नारेबाज़ों को ले गये, उनके ख़िलाफ़ शांति और सौहार्द बिगाड़ने का मुक़दमा दर्ज हो और उनके ख़िलाफ़ ‘बार एसोसिएशन’ भी अनुशासनात्मक और दंडात्मक कार्रवाई… pic.twitter.com/9Fj30K4aLm

— Akhilesh Yadav (@yadavakhilesh) November 24, 2024

Uttar Pradesh Congress chief Ajay Rai said the incidents of violence were “increasing day by day” in the state under the Chief Minister Yogi Adityanath-led government.

The BJP, however, hit back and said that those who do not agree with judicial orders should take legal recourse.

“Nobody has any right to break the law. If a court has passed an order, it will be implemented. The judicial process is available for those who want the order amended,” party spokesperson Nalin Kohli said.