Well near disputed Sambhal Mosque is ‘public’: UP govt dismisses masjid committee’s claim

The Uttar Pradesh government filed a status report before the Supreme Court on Monday, February 24, saying that a well at the centre of the issue is “situated near and not inside the disputed religious site, and as such, has no relation/connection with the mosque/disputed religious site”.

The Shahi Jama Masjid in Sambhal is in the middle of a legal battle after Hindu petitioners claimed that it was built over a Hindu temple called Hari Mandir.

According to the Indian Express, the Uttar Pradesh government said that the well near the disputed mosque in Sambhal is actually “situated on public land”.

“Even the disputed religious site is itself situated on public land. It is submitted that the well is a public well and is not situated anywhere inside the mosque/disputed religious site. In fact, there is no access to the subject well from inside the mosque," the Indian Express cited the report submitted by the UP government on Monday.

The UP government's report came after the mosque committee had last month cited a Google Maps image to claim that the well was within the mosque complex.

However, the UP government said the petitioner has annexed misleading photographs and called their application "misconceived", NDTV reported.

The government reportedly argued that this well is part of 19 wells in Sambhal being revived by the district administration for rainwater harvesting and water recharge.

Well near Sambhal mosque ‘public' or 'private’ ?

Advocate Vishnu Shankar Jain, representing the Hindu party, said earlier that the well was outside the mosque's purview and used for worship historically, as per a PTI report published on January 10.

However, Senior advocate Huzefa Ahmadi, representing the mosque management committee, said the well was partly within and partly outside the mosque premises, citing Google map imagery to buttress his claim.

Advocate Vishnu Shankar Jain said on January 10 that the Sambhal Mosque Committee had approached the Supreme Court seeking to maintain the status quo of the well situated outside the Shahi Jama Masjid.

The mosque committee's plea said the Samhal district administration was conducting a “purported drive” to revive old temples and wells in the city with reports indicating the revival of at least 32 old unused temples besides the identification of 19 wells being made operational for public prayers.

In the list of wells, being sought to be revived by the district administration, there's also a well in the mosque precincts, it alleged.

The plea also sought a direction to the Sambhal district magistrate to ensure a "status quo" was maintained with respect to the "private well situated near the stairs/entrance of the mosque and not take any steps/actions with regard to the same without due permission from this court".

“While one half of the covered well was inside the mosque, the other half protruded outside on a curved platform,” it said. According to the plea, the well was situated at the tri-junction of the three narrow lanes leading to the mosque's main entrance and was used for drawing water for the mosque, the plea said.

The Supreme Court had then directed the district magistrate to maintain status quo on reviving or allowing prayers at a "private" well located near the entrance of the Mughal-era Jama Masjid mosque in Sambhal.

(With inputs from agencies)