The Supreme Court on Friday restricted the execution of the Sambhal civic body’s notice on a well claimed by the Shahi Jama Masjid, after the mosque management alleged a plan to use the water “for puja and bath of (Hindu) worshippers”.

The Babur-era Jama Masjid has been in the spotlight since November 24 when clashes broke out during a survey of the mosque — ordered by a civil court after Hindus claimed it was built over a demolished temple — killing four minority youths.

On Friday, the mosque management committee’s counsel told the court that the Sambhal Nagar Palika had issued a notice in December saying the well was part of “Hari Mandir” and would be cleaned and opened to the public.

“…And they will now start using the water for puja and bath of worshippers,” senior advocate Huzefa Ahmadi said.

Chief Justice Sanjiv Khanna then directed an oral question at additional solicitor-general K.M. Natraj, appearing for the Uttar Pradesh government, asking: “What is this? Don’t start all this. This is not fair. Don’t do all this….”

Earlier, on November 29, the apex court had restrained the civil court that had ordered the mosque’s survey from proceeding any further until Allahabad High Court had decided the matter. It had asked the administration to remain “totally neutral” and maintain peace, while orally suggesting the possibility of mediation for a
peaceful resolution.

On Friday, hearing a petition from the mosque committee, it restrained the Sambhal district administration from giving effect to the municipal body’s notice.

Part of the dispute appeared to hinge on the exact location of the well. The state government told the bench, which included Justice Sanjay Kumar, that the well was located outside the mosque and on public land.

“It’s a public well and State property. Everything is peaceful now, but they want to create problems,” Natraj said.

The bench asked Ahmadi why the mosque committee should object to water being used from the well.

“It is a public well. Let it be used by everyone. It is water after all,” Chief Justice Khanna said. “There is no harm if someone uses the water from the other side….”

But Ahmadi contended that a part of the well was within the mosque’s premises and that Muslims had been using it “from time immemorial”.

He said the Sambhal authorities claimed to have begun an exercise to revive 32 old temples and 19 old wells, including the disputed well, in the district.

Advocate Vishnu Shankar Jain, appearing for some of the Hindu claimants, questioned the maintainability of the mosque committee’s application. He argued that in terms of the apex court’s earlier (November 29) order, the disputing parties have to approach Allahabad High Court for any directions on the matter.

The bench said it was aware of the earlier order but observed: “We are keeping a close watch so that peace and harmony is maintained.”

The apex court later issued notices to the Uttar Pradesh government and some of the Hindu claimants, directing the state to file a status report within two weeks. It then posted the matter to February 25.

This newspaper has reported how the state government has reopened several closed temples in Sambhal district and dug up wells that it claims were used for Hindu rituals but were filled during riots, its actions deepening the communal fault-lines.