The Supreme Court on Friday directed the Uttar Pradesh government that the notice issued by the Sambhal Nagar Palika in respect of the well located near the stairs/entrance of the Shahi mosque should not be executed.

Issuing notice to the state government on an application by the Committee of Management, Shahi Jama Masjid, which has sought direction to the Sambhal District Magistrate (DM) to ensure that status quo is maintained in respect to a well situated near the stairs/entrance of the mosque, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar sought status report from the state government within two weeks.

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However, observing that there is no harm if someone else uses the well from outside the mosque, the Chief Justice Khanna said, “There is no harm if someone uses the well from outside, you have covered the well let them use, what is the harm?”

The observation from the bench came after senior advocate Huzefa Ahmadi, representing the Shahi Masjid Management Committee, drew the attention of the court to the notice issued by Sambhal Nagar Palika. “Now what they say, in the notice, it is called ‘Hari Mandir’, now they will start using it for pooja, bathing etc,” Ahmadi said, adding that the well was being used for the purposes of the mosque.

The state government told the court that the situation was “very peaceful” and “they want to create an issue”.

The mosque committee has approached the apex court seeking direction to the DM to ensure that the status quo is maintained with respect to a well situated near the stairs/entrance of the mosque. It has also sought direction to the DM not to take any steps/actions with regard to the investigation of the well, and open the well-located at the entrance of the mosque stairs without due permission from the top court.

Apprehending mischief that the status quo in respect of the well at the entrance of the mosque may be disturbed and prayers and rituals by the Hindus may be permitted there, the management committee of the mosque has said that on December 16, 2024, it has given a legal notice to the District Administration in this regard.

“The DM has stated, as per news reports, that the well is not within the mosque and the interim order passed by this court is only with respect to things inside the mosque. While the petitioner disputes this, what is apparent is that the said private well is situated at the entrance of the mosque and partly inside it, and opening the same for the Hindu prayers will result in mischief and disturb the fragile harmony and peace in the area at the moment,” the application has stated giving vent to its apprehensions.

The actions of the District Administration, the application has said are in no manner aimed towards maintaining peace and harmony as directed by the top court, although an assurance in this regard was given by the state government, as reflected in the order of November 29, 2024.