January 10, 2025: The Supreme Court on Friday stayed the execution of a notice issued by Sambhal municipal authorities concerning a well located near the disputed Shahi Jama Masjid in Uttar Pradesh’s Sambhal district. The court has directed the Uttar Pradesh government to file a status report on the matter within two weeks.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar issued the stay order, noting, “Respondents will not give effect to the notice (Nagar Palika Notice) in relation to the well.” The matter has been listed for further hearing on February 21, 2025.

The Uttar Pradesh government submitted to the court that the well in question is situated on government land. However, the management committee of the mosque, which filed the application, argued that the well has historically been used for the purposes of the mosque.

The dispute arises from broader tensions regarding the Shahi Jama Masjid, a Mughal-era structure that some claim was built over a temple called Hari Mandir. A November 2024 order by a local court had directed an advocate commissioner to survey the mosque, sparking violence in the district that resulted in the deaths of five people.

The Supreme Court had earlier intervened on December 12, 2024, cautioning lower courts against passing interim or final orders, including survey directives, in ongoing suits related to the Places of Worship Act, 1991.

During Friday’s hearing, Senior Advocate Huzefa Ahmadi, representing the mosque committee, argued that the district administration was engaging in a campaign to “revive old temples and wells” in the city, including the well near the mosque. He pointed out that similar actions had been taken for 32 old temples and 19 wells in the region.

The Chief Justice questioned the objection to allowing public access to the well, asking, “What is the harm in allowing others to draw water and use it?” In response, Ahmadi asserted that the well has been exclusively used by the mosque for generations. “It is called Hari Mandir. Now they will start using it for pooja, bathing, etc.,” he added.

The case underscores ongoing tensions surrounding historical religious sites in the region, with significant implications for the interpretation and enforcement of the Places of Worship Act.