Allahabad High Court directs ASI to assess need for whitewashing, repair of Sambhal masjid before Ramzan

The Allahabad High Court on Thursday directed the Archaeological Survey of India (ASI) to inspect the controversial Shahi Jama Masjid at Sambhal to determine the necessity of whitewashing, decorative arrangements and repair of the mosque ahead of Ramzan. .Justice Rohit Ranjan Agarwal instructed the ASI to examine the mosque and submit its report by 10 AM on February 28."The report shall state as to the requirement of whitewashing and maintenance/repair, if any needed, inside the premises. A videography shall also be done by the ASI for the work to be undertaken before Ramzan starts," the Court directed.It observed that the ASI has the duty to undertake repairs of the mosque. Nevertheless, the Court also said that there should not be any defacement of any part of the structure or any artefacts.This was after Hindu parties raised concerns that Hindu artefacts allegedly present inside the mosque would be damaged under the pretext of repairs."As the terms of the agreement is crystal clear, and clearly provides for repairs to be undertaken by the Archaeological Survey of India, and whatever the cost is incurred, the same shall be borne by the endowment that have been created for purpose of keeping the said Masjid clean and, if the funds proves to be insufficient, it shall be provided by the Secretary of the State. Further, the agreement cautions the Mutawalis not to destroy, alter, deface or imperil the alleged Masjid. In the garb of the maintenance, repairs or whitewash, no such exercise shall be carried out by any person who is in-charge of Masjid so as to alter, deface or imperil the site," the Court observed..The mosque has been at the centre of the controversy after violence broke out in Sambhal following a civil court order to conduct a survey of the mosque.The civil court had issued the direction in a suit filed by advocate Hari Shankar Jain and seven others who claimed that the mosque was constructed over a demolished temple during the Mughal era.The case was later stayed by the Supreme Court which passed a blanket stay order in cases across the country which raise dispute over the religious character of such structures..Meanwhile, the Management Committee of Shahi Jama Masjid at Sambhal approached the High Court with the present plea following an objection raised by the Additional Superintendent of Police (ASP) North Sambhal regarding its proposed maintenance work at the mosque ahead of Ramzan.The committee had earlier informed the authorities about its plans to undertake essential upkeep, including whitewashing, cleaning, repairs, and installation of additional lighting to facilitate a smooth experience for devotees during the holy month, beginning March 1, 2025.Additionally, the committee requested that there be no restrictions on the traditional Azan (call to prayer) or maintenance activities, which it considers part of the mosque’s regular upkeep.However, in a February 11 letter, the ASP stated that since the Masjid is a protected monument, the committee must obtain permission from the Archaeological Survey of India (ASI) before carrying out any work.Challenging this requirement, the Management Committee moved the High Court, arguing that it has consistently undertaken similar maintenance work—such as cleaning, whitewashing, and installing lights—during Ramzan and other religious occasions in previous years without any interference from the authorities.The committee contended that the ASP’s response constitutes an unjustified obstruction to its right to freely practice and manage religious affairs, as protected under Articles 25 and 26 of the Indian Constitution.The petition, therefore, sought a direction restraining the authorities from interfering in the performance of Azan and the proposed maintenance and lighting work within the mosque premises..During the hearing, Senior Advocate SFA Naqvi, representing the Management Committee, contended that the ASI was unnecessarily objecting to the whitewashing work, despite it being the ASI's responsibility to undertake such maintenance. In response, ASI's counsel, advocate Manoj Kumar Singh, argued that ASI officials were being denied access to the mosque premises by the committee officials.Meanwhile, advocate Hari Shankar Jain opposed the Committee's application, asserting that under the pretext of whitewashing, Hindu artefacts allegedly present inside the mosque might be defaced. Addressing his concern, the bench assured him that appropriate measures would be taken..To this, the Court replied, "The apprehension raised by Sri Hari Shanker Jain, respondent no.1 needs to be addressed by this Court, as he submits that in the garb of whitewash, purpose of the suit may not be jeopardised. To balance the equity between the parties, it is necessary that during the holy month of Ramzan, the revisionist and members belonging to his community may perform their religious activity without any hindrance."Accordingly, the Court directed the ASI to conduct an immediate site inspection by appointing a team of three officers - Madan Singh Chauhan (Joint Director General), Zulfequar Ali (Director, Monument), and Vinod Singh Rawat (Superintending Archaeologist, ASI, Meerut Circle). The inspection is to be carried out during the day in the presence of the Mutawalis of the Masjid. The Archaeological Survey of India has been instructed to submit its report by 10 AM on Friday..[Read Order]