Uttar Pradesh Denies Claims of Shahi Jama Masjid Committee Over Disputed Well

In a significant development, the State of Uttar Pradesh has told the Supreme Court that the well located near the Sambhal Shahi Jama Masjid is situated on public land and is not connected to the mosque or the disputed religious site. This statement came in response to the claims made by the Shahi Jama Masjid Committee that the well, locally known as "Dharani varah koop," is associated with the mosque and should be regarded as a religious site.

Status Report Filed by the State of Uttar Pradesh

The State of Uttar Pradesh filed a status report in the Supreme Court, denying the allegations made by the mosque management. According to the report:

• The well is not located inside the Mughal-era mosque (referred to as a "disputed religious structure" by the state).
• The well has no connection with the mosque or the disputed religious site.
• The well is described as a public well, and there is no access to it from within the mosque.
• The mosque itself is situated on public land.

Background of the Dispute

The dispute arose when a trial court ordered a survey of the Shahi Jama Masjid at Chandausi in a suit filed by the petitioner, claiming that the mosque was built after demolishing a historic temple. The mosque management challenged this order and approached the Supreme Court. The Court directed the management to approach the Allahabad High Court instead, while placing a temporary hold on the survey order.

Subsequently, the mosque management filed an interlocutory application, claiming that the local administration had issued notices and posters referring to the adjacent well as a temple. The management argued that opening the well for Hindu prayers would disturb the delicate communal harmony in the area.

Supreme Court’s Intervention

In January 2025, the Supreme Court restrained the local authorities from taking action based on the notices related to the well and ordered the State to file a status report.

State's Report on the Well's History and Current Status

In its report, the State provided detailed information about the well's history:

• The well has been in use by people of all communities for an extended period.
• However, it no longer has water.
• After communal riots in 1978, a Police chowki was constructed on part of the well, while another part of the well continued to be used for some time after.
• In 2012, the well was covered, and it has not been in use since.

Additionally, the State highlighted that a three-member committee was formed, including the SDM Sambhal, Area Officer Sambhal, and the Executive Officer of the Municipal Council, to examine the status of the well. The committee's findings included:

• The well is located outside the mosque boundary wall, not inside the disputed religious site.
• The mosque management had submitted misleading photographs, attempting to show that the well was inside the mosque premises.

State's Legal Arguments and Stand

The State presented several key arguments in its defense:

• The well is public property, and the mosque management is attempting to create private rights over it.
• The mosque management's SLP (Special Leave Petition) had become infructuous because the Allahabad High Court had stayed the trial court's proceedings.
• The issue of the well falls outside the scope of the ongoing SLP and should not be part of the Supreme Court proceedings.

Key Legal and Procedural Points

1. State's Denial: The Uttar Pradesh government firmly denied the mosque management's claims about the well, emphasizing that it is public property and not associated with the mosque.
   
   
2. Misleading Claims: The State accused the mosque management of using misleading photographs to assert that the well is inside the mosque, when in fact, it is located outside the mosque’s boundary.
   
   
3. Public Property and Private Rights: The government contended that the mosque panel's claim over the well amounts to an attempt to create private rights over public land, which is legally impermissible.
   
   
4. Court’s Role: The Supreme Court had previously restrained the local authorities from acting based on the notices issued regarding the well, and the State's report provided the necessary evidence to challenge the mosque management's claims.
   
   
5. Stay on Trial Court's Proceedings: The Allahabad High Court's stay on the trial court's proceedings has complicated the mosque management's legal position, with the State arguing that the issue concerning the well was not part of the ongoing SLP.
   

Conclusion

The State of Uttar Pradesh's report to the Supreme Court emphasizes the well's public status and the mosque management's attempt to manipulate the situation by presenting misleading evidence. The legal dispute highlights the ongoing tension over religious structures, public property, and the delicate balance between communal harmony and public interest. The issue is now in the hands of the Supreme Court to decide the future course of action, with the State's arguments suggesting that the mosque panel’s claims are not supported by factual evidence.

 

Case Name: Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain and others SLP(C) No. 28500/2024