Allahabad HC Directs ASI to Whitewash Sambhal Jama Masjid Within a Week as per 1927 Agreement

Allahabad HC Directs ASI to Whitewash Sambhal Jama Masjid Within a Week as per 1927 Agreement

The Allahabad High Court has instructed the Archaeological Survey of India (ASI) to complete the whitewashing of the Sambhal Jama Masjid within a week, in line with the 1927 agreement between the mosque management committee and the ASI.

The ASI has been directed to conduct whitewashing only in areas where it is necessary. Additionally, the court has instructed the mosque committee to reimburse the ASI for the expenses incurred within a week of the work's completion.

The order was issued as a bench of Justice Rohit Ranjan Agarwal disposed of an application filed by the mosque committee last month. The committee had sought permission to whitewash and clean the mosque ahead of 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 criticized the ASI's inaction, firmly questioning Singh on why ASI officers had not intervened over the years if the mosque committee's actions were allegedly causing damage.

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. 

During the hearing, when Advocate Hari Shankar Jain attempted to reference his affidavit challenging the 1927 agreement between the Masjid committee and the Government of India regarding the monument's maintenance, the bench directed him not to argue on behalf of the ASI. However, the court assured him that his objections would be considered during the revision plea's adjudication.

“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.”

As a result, the Court directed the ASI to complete the whitewashing of the mosque within one week.

 

 

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