The Uttar Pradesh government has officially declared that both the disputed Jama Masjid in Sambhal and its adjacent well stand on public land, dismantling the mosque committee’s claims. The government’s status report, submitted in response to a Supreme Court order, exposes alleged misrepresentations by the mosque panel, including misleading photographs falsely suggesting that the well was inside the mosque premises.
The UP government’s submission categorically states that the well in question, historically known as “Dharani Varah Koop,” is not part of the Mughal-era structure and has no religious connection to the disputed mosque. It further asserts that even the mosque itself is situated on public land, significantly altering the legal and historical narrative of the site.
This disclosure comes amid an ongoing legal battle over the disputed Jama Masjid in Chandausi, where a trial court had ordered a survey based on claims that the mosque was built after demolishing a historic temple. While the mosque management challenged this order in the Supreme Court, seeking protection from the survey, the latest revelations could undermine their position and reshape the discourse on religious property disputes in India.
UP Govt: “Mosque panel misleading the Court with false claims”
The state government’s report strongly refutes the mosque management’s assertion that the well is part of the religious site, stating that it is a public well that has been accessible to all communities for generations. The well, along with 18 others, is currently being revived through rainwater harvesting by the district administration to benefit the local population.
“Even the disputed religious site is itself situated on public land. The well is not within the mosque boundary, and there is no access to it from inside the mosque,” the government’s report reads, countering the mosque panel’s claim that the well’s use by non-Muslims could disrupt communal harmony.
The government further exposed misleading tactics used by the mosque panel, stating that they had attached doctored photographs to their petition, attempting to show the well as part of the mosque. A three-member committee—comprising the SDM Sambhal, Area Officer, and the Executive Officer of the Municipal Council—conducted a spot inspection and confirmed that the well is outside the mosque’s boundary wall.
The committee’s findings directly contradict the mosque management’s version of events and reinforce the state’s assertion that the petitioners are trying to privatise public land under the guise of religious claims.
The Shahi Jama Masjid dispute dates back to a trial court order that sanctioned a survey of the mosque based on allegations that it was constructed after destroying an ancient temple. The mosque panel challenged this in the Supreme Court, which directed them to approach the Allahabad High Court. In the meantime, the survey order was put on hold.
However, in a dramatic turn, the mosque management later filed an interlocutory application, claiming that local authorities had begun referring to the well as a “temple” and planning to allow Hindu prayers at the site. The panel argued that opening the well for public access could lead to communal disturbances in an already fragile social environment.
In response, the Supreme Court, on January 10, 2024, restrained the authorities from acting on the notice concerning the well and sought a status report from the state. The latest revelations by the UP government, however, directly contradict the mosque panel’s claims and cast serious doubts on their motives.
Historical context of the well — Police post built after 1978 riots
The state government’s report provides a historical account of the well, revealing its role as a public water source for all communities “since time immemorial.” It notes that following the communal riots of 1978, a police chowki (outpost) was constructed over part of the well, while the remaining portion continued to be in use.
Later, in 2012, the well was sealed, and it currently holds no water. The government’s findings debunk the mosque panel’s narrative that the well was solely used for mosque purposes.
Significantly, the state report also reveals the presence of another well inside the mosque premises, known as “Yagna Koop,” which remains untouched. This undermines the panel’s claim that restricting access to the disputed well would impact mosque activities, as an alternative water source exists within the premises.
The Supreme Court has been cautious in handling the sensitive nature of the dispute, previously directing that the Advocate Commissioner’s survey report on the mosque remain sealed and not be made public.
This case also ties into the broader debate on the Places of Worship Act, 1991, which bars changing the religious character of places of worship as they existed on August 15, 1947. With multiple petitions challenging the Act’s validity, the Sambhal Jama Masjid dispute could become a crucial test case, influencing future legal battles over contested religious sites.
With the Allahabad High Court having stayed the trial court’s proceedings, the UP government has now argued that the mosque panel’s plea before the Supreme Court has become infructuous. The government insists that the issue of the well is unrelated to the mosque panel’s petition and should not be entertained under the current case.
“The entire application is misconceived. The petitioners are attempting to create private rights in respect of public property,” the UP government’s report asserts.
