Supreme Court upholds HC direction to Sambhal Masjid to bear whitewashing expenses

The Supreme Court on Monday dismissed an appeal challenging a direction of the Allahabad High Court asking the mosque committee of the Sambhal Jama Masjid to bear the expenses for whitewashing the exterior of the mosque [Satish Kumar Aggarwal vs. Committee of Management, Shahi Jama Masjid, Sambhal & Ors.]..A bench of Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar said that it was not inclined to interfere with the High Court order."We are not inclined to interfere with the impugned order; hence, the present petition is dismissed"..The High Court had on March 12 directed the Archeological Survey of India (ASI) to undertake whitewashing of the exterior of the mosque with costs to be reimbursed by the mosque committee.The ASI had earlier told the Allahabad Court that there was no need for such whitewashing since the entire structure is coated with enamel paint and in good condition.However, Justice Rohit Ranjan Agarwal had ordered that ASI should whitewash the mosque with costs to be borne by the mosque committee.According to the appeal before the apex court, the single-judge order of the Allahabad High Court failed to recognize that the Sambhal Jama Masjid is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.The plea contended that preserving the monument is the responsibility of the authorities under the Act, and directing the recovery of expenses from the Committee of Management of Jami Masjid Sambhal was legally untenable."The direction to the Archeological Survey of India to recover incurred expenses from the Committee of Management of Jami Masjid Sambhal is prejudicial to the right and interest of the Petitioner being a devotee of Hari Har Temple, Sambhal. Therefore, the impugned judgement and order is liable to be set aside. Because the Ld. Single Judge did not appreciate at all the disputed structure is a monument declared under Monument Act and to preserve it is a duty cost upon the authorities under the Monument Act. There are previsions for funds to mention and preserve monuments. Therefore, the direction to recover expenditure from Committee of Management of Jami Masjid Sambhal is bad in law," the petition read..The Shahi Jama Masjid has been a focal point of controversy ever since violence erupted in Sambhal following a civil court's order permitting 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 civil court proceedings are presently on hold as the Supreme Court has passed an order directing courts across India not to pass any effective orders in suits disputing the religious character of structures, while it decides on the validity of the Places of Worship (Special Provisions) Act of 1991.Meanwhile, the management committee of Shahi Jama Masjid approached the Allahabad High Court with a plea to carry out maintenance work at the mosque.This was after the Additional Superintendent of Police (ASP), North Sambhal raised an objection to maintenance work at the mosque ahead of Ramzan.The High Court then ordered that whitewashing be carried out with the expenses to be borne by the mosque..Advocates Satish Kumar Agarwal and Barun Sinha appeared for the appellant before the Supreme Court..[Read Live Coverage]