Allahabad HC Directs ASI To Undertake Whitewashing Of Sambhal’s Jama Mosque Within 1 Week; Masjid Committee To Bear Costs

 Allahabad HC Directs ASI To Undertake Whitewashing Of Sambhal’s Jama Mosque Within 1 Week; Masjid Committee To Bear Costs

The Allahabad High Court has directed the Archaeological Survey of India (ASI) to carry out the whitewashing of the Sambhal Jama Masjid within one week, in accordance with the agreement signed in 1927 between the mosque management committee and the ASI.

The ASI has been asked to carry out whitewashing on those parts where whitewashing is required. The court has also directed the mosque committee to reimburse ASI for the costs incurred in the whitewashing within one week of the work being completed.

This order came as a bench of Justice Rohit Ranjan Agarwal disposed of the application filed by the mosque committee last month. The committee had sought permission to whitewash and clean the mosque before the upcoming Ramzan month.

During the hearing today, the bench expressed its dissatisfaction with the ASI’s counsel, Advocate Manoj Kumar Singh, for claiming that the mosque management committee had been whitewashing the mosque for years, which had caused damage to its exterior walls.

The court questioned the ASI’s inaction as it firmly asked Singh as to why the ASI’s officers had not intervened during all these years while the alleged damage was occurring due to the mosque committee’s actions.

The bench also said that the ASI was acting at the behest of the Government.

    “Aap 2010 mei kaha the, 2020 mei kaha the? 2024-25 mein hi uthe hain aap log. You have stated that for several years, the masjid committee has been doing whitewashing. What have you done? You are acting at the behest of the government. Baar baar hum permit kar rahe h fir bhi you are failing in your duty,” Justice Agarwal orally remarked. [Translation: “Where were you in 2010, and in 2020? It’s only in 2024-25 that you’re taking action. You have stated that for several years, the mosque committee has been doing whitewashing. What have you done? You are acting at the behest of the government. We have repeatedly granted permission, yet you continue to fail in your duty.”]

Notably, during the hearing, when Advocate Hari Shankar Jain sought to refer to his affidavit challenging the 1927 agreement signed between the Masjid committee and the Government of India concerning the maintenance and upkeep of the monument/structure, the bench asked him not to argue for the ASI.

The bench, however, assured him that his objections would be considered when the revision plea was decided.

    “Hawa mei behes nahi hoti hai. Advocate General is here, ask him to give notice to the masjid committee (that the 1927 agreement is cancelled). All the obligations of the erstwhile government are now on this government under the agreement. The ASI has to say that the masjid committee has violated the agreement… both ASI and state counsels are there in the court and they have not served any notice stating that masjid committee has violated the agreement.” [Translation: The Advocate General is present; ask him to issue a notice to the mosque committee stating that the 1927 agreement has been cancelled. All the obligations of the previous government now lie with the current government under this agreement. The ASI must state that the mosque committee has violated the agreement… both the ASI and state counsels are present in the court, and they have not served any notice stating that the mosque committee has violated the agreement]

Consequently, the Court directed the ASI to undertake the whitewashing of the Mosque within 1 week.

Courtesy: Live Law

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