Ordering a status quo, the Supreme Court on Friday asked the Uttar Pradesh authorities, the Archaeological Survey of India and others not to take steps over a "private well" near the Mughal-era Jama Masjid mosque in Sambhal.
Considering a plea of the management committee of Shahi Jama Masjid, Sambhal, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued notices to the Centre, the director general of the Archaeological Survey of India (ASI), Sambhal district magistrate and other private individuals from the Hindu side led by Hari Shankar Jain.
"Issue notice returnable on February 21. In the meanwhile, a status report to be filed by the respondents in two weeks. The respondents shall not give effect to any notice in relation to the well," the bench ordered.
The mosque committee, in a fresh plea, said the Sambhal district administration was conducting a purported drive to revive old temples and wells in the city with reports indicating at least 32 old unused temples were revived and 19 wells were identified for public use and prayers.
"In the list of wells being sought to be revived by the district administration is also a water well situated in the precincts of the mosque itself," it said.
The plea therefore sought a direction to the Sambhal district magistrate to ensure a status quo over the private well located near the mosque entrance besides any future action without the Supreme Court's permission.
While a covered half of the well was said to be inside the mosque, the other half protruded outside on a curved platform.
Water from the well, situated at the junction of three narrow lanes leading to the main entrance of the mosque, was being used by the mosque, the plea said.
It was argued that the survey led to violence and loss of lives, prompting the urgent intervention of the top court.
Senior advocate Huzefa Ahmadi, representing the mosque management committee, referred to the well's historical significance and said, "We have been drawing water from the well since time immemorial."
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 concerning the well must be maintained, and no such notices would be given effect to.
Advocate Vishnu Shankar Jain, representing the Hindu party, said the well was outside the mosque's purview and used for worship historically.
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