SC Stays Execution of Sambhal Mosque Well Notice

In an interim direction passed on Friday, the Supreme Court told the Sambhal’s Municipal Council to not give effect to its notice concerning a well situated near the Shahi Jama Masjid.

A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar asked the Uttar Pradesh authorities to file a status report within two weeks. And, in the meantime, ordered that the authorities will not give effect to any notice in relation to the well.

Senior advocate Huzefa Ahmadi, representing the mosque committee, said that the impugned notice referred to the site as ‘Hari Mandir’ and now, the other side will likely start using the well for ‘puja’ (worship), bathing, etc.

Ahmadi said the well, which is “half inside and half outside” the mosque premises, has been used to draw water by the mosque administration since time immemorial.

On the other hand, advocate Vishnu Shankar Jain, appearing for the Hindu plaintiffs, contended that well situated outside the purview of the mosque cannot be a subject matter of the proceedings challenging the district court-ordered survey of the disputed site. At this, the apex court observed that it was keeping a close watch so that peace and harmony were maintained.

“Issue notice returnable on Feb 21. In the meantime, a status report will be filed by respondents in two weeks. The respondents (authorities) shall not give effect to any notice in relation to the well,” the SC ordered.

The matter will be heard next on February 21.

On November 29, the CJI Khanna-led Bench told the Uttar Pradesh government that “peace and harmony must be maintained” as it dealt with a plea filed by the Sambhal Shahi Jama Masjid Committee seeking a stay on a district court-ordered survey of the mosque. However, it had asked the mosque committee to approach an appropriate forum against the district court-ordered survey and in the meantime, asked the trial court to not proceed with the matter.

The apex court had said that in case any appeal is preferred before the Allahabad High Court or any other forum, the appeal will be listed within three working days after it is filed.

Clarifying that the Supreme Court has not expressed any opinion on merits, it had ordered to re-list the matter in the week commencing January 6.

In its special leave petition, the Sambhal Shahi Jama Masjid Committee had sought an ad-interim and ex-parte stay on the operation of the impugned decision passed by Chandausi’s civil judge on November 19.

A survey was ordered in a plea filed by the Hindu petitioners, claiming that the mosque was built by Mughal invader Babur in 1526 after demolishing Shri Harihar Mandir. Further, it demanded that the report of the survey commissioner be kept in a sealed cover and the status quo be maintained until the issue is determined by the Supreme Court.

The petition had also sought directions to the effect that surveys should not be ordered and executed as a matter of course in cases involving disputes over places of worship without hearing all parties and allowing sufficient time for the aggrieved persons to seek judicial remedies against the order of survey.

The survey of Shahi Jama Masjid was undertaken on November 19 and November 24. As the second round of survey began at the mosque, violence broke out in the area resulting in the death of four individuals.

In a related development, the CJI Khanna-led Special Bench, in an interim order passed on December 12, had ordered that no fresh suits would be registered under the Places of Worship Act, 1991 in the country.

In the pending cases, no final or effective orders would be passed till further orders. The special bench, also comprising Justices Sanjay Kumar and KV Viswanathan, had asked the Union government to file within four weeks its reply to the batch of petitions challenging the validity of the Places of Worship Act, which prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.

—IANS