Prayagraj: The Allahabad High Court directed the Archaeological Survey of India (ASI) to inspect Shahi Jama Mosque in Sambhal to assess the need for whitewashing and decorative arrangements (at the site) ahead of the Ramzan month. The Court also instructed the ASI to submit a report in this regard by tomorrow morning.
A bench of Justice Rohit Ranjan Agarwal passed this order on an application filed by the Management Committee of the Shahi Jama Masjid, Sambhal, challenging the respondents' objections regarding the mosque's preparatory work.
3-Member Team
The Court has asked a 3-member team to visit the mosque, inspect it and submit a report in the Court by tomorrow.
After the dictation of the order, the counsel for the ASI pressed the court to mention that security may be provided to members of the ASI team. The court, however, dismissed the request, stating that it was unnecessary.
Arguments By State Govt
The order was passed after the Court considered the arguments advanced by the State Government, the Counsel for the ASI and the Counsel for the Management committee, and after taking into account the urgency of the matter, with Ramzan beginning on March 1.
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Management Committee Plea
Before the Court, Senior Counsel SFA Naqvi, representing the Management Committee, argued that the ASI was unnecessarily objecting to the whitewashing work despite the fact that it was the ASI's responsibility to carry out such work. In response, the ASI's counsel, Advocate Manoj Kumar Singh, stated that ASI officials were not being allowed access to the mosque premises by the committee officials.
The Committee's application was opposed by Advocate Har Shankar Jain (respondent no. 1) as he submitted that in the garb of whitewashing, the Hindu artefacts allegedly present inside the Mosque would be defaced. To this, the bench assured him it would take care of his concern. A detailed order in the matter is awaited.
For context, the Management Committee of the Shahi Jama Masjid, Sambhal, moved the High Court following a response from the Additional Superintendent of Police (ASP) North Sambhal objecting to its proposal for maintenance work planned for the mosque ahead of the upcoming Ramzan.
Essentially, the committee had earlier informed the concerned authorities about its intention to carry out essential maintenance work at the mosque in preparation for the holy month of Ramzan, beginning on March 1, 2025.
The planned work includes whitewashing, cleansing, repairing, covering in areas, and installing additional lighting to ensure a smooth experience for devotees during the fasting month.
The committee also requested the official authorities that no restrictions be placed on the traditional Azan (call to prayer) and maintenance activities, which they claim, are part of the mosque's regular upkeep.
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However, in a letter dated February 11, 2025, the ASP stated that since the Masjid is a protected monument, a permission must be obtained from the Archaeological Survey of India by the Management Committee before any work could be carried out.
Challenging this letter and reply, the Management Committee has moved the HC, stating that it has been undertaking similar maintenance activities (inter alia, cleaning, whitewashing, and installation of lights) during Ramzan month and during other religious occasions in the past.
It is the case of the committee that these works have always been carried out by them and not by the ASI, and there has been no interference from the authorities in the past many years.
Before the HC, the Management Committee submitted that the ASP's response amounts to an unreasonable hindrance to the Committee's right to freely practice and manage religious activities, which is protected under Articles 25 and 26 of the Constitution of India.
The committee thus, prays for a direction to the authorities not to interfere in the performance of the Azan, or the planned maintenance and lighting work within the mosque premises.
