The Allahabad High Court has instructed the Archaeological Survey of India (ASI) to carry out the whitewashing of the Sambhal Jama Masjid within a week. This directive adheres to the 1927 agreement between the mosque management committee and ASI concerning the upkeep of the structure.
The court has mandated that ASI perform the whitewashing only in areas where necessary. Furthermore, the mosque committee must reimburse ASI for the incurred costs within a week of the work’s completion.
This decision follows Justice Rohit Ranjan Agarwal’s disposal of an application submitted by the mosque committee, which sought permission to clean and whitewash the mosque ahead of Ramzan.
Court’s Concerns Over ASI’s Delayed Response
During the hearing, the court expressed its dissatisfaction with ASI’s response. ASI’s counsel, Advocate Manoj Kumar Singh, claimed that the mosque committee had been conducting whitewashing for years, potentially damaging the mosque’s exterior. However, the court questioned why ASI had failed to intervene earlier if such damage had occurred.
Justice Agarwal sternly remarked:
“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.”
(Translation: Where were you in 2010 and 2020? Why are you taking action only in 2024-25? You claim the mosque committee has been conducting whitewashing for years. What have you done? You are acting under government pressure. Despite our repeated permissions, you continue to fail in your duty.)
During the proceedings, Advocate Hari Shankar Jain attempted to challenge the validity of the 1927 agreement between the Masjid Committee and the Government of India. However, the court did not entertain his argument at this stage and directed him not to argue on behalf of ASI.
The bench assured Jain that his concerns would be reviewed when the revision petition is considered. Addressing his argument, the court stated:
“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.”
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(Translation: Arguments cannot be made without basis. The Advocate General is present; ask him to issue a notice to the mosque committee if the 1927 agreement is considered void. The current government has inherited the obligations of the previous government under this agreement. The ASI must explicitly state that the mosque committee has violated the agreement. Both ASI and state representatives are in court, yet no notice has been issued regarding any violation by the mosque committee.)
Final Court Directive
In conclusion, the Allahabad High Court has directed the ASI to undertake the whitewashing of the Sambhal Jama Masjid within one week. The mosque committee must cover the costs within a week of the project’s completion.
This ruling highlights the ASI’s responsibility in preserving heritage structures while ensuring their maintenance aligns with historical agreements. It also underscores the court’s emphasis on timely intervention and accountability in protecting cultural heritage.
