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Allahabad HC Orders ASI Inspection Of Sambhal Mosque To Assess Need For Whitewashing Ahead Of 'Ramzan', Seeks Report By Tomorrow
LIVELAW NEWS NETWORK
27 Feb 2025 6:00 AM
Today, the Allahabad High Court directed the Archaeological Survey of India (ASI) to inspect the Sambhal's Shahi Jama Mosque 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 10 AM tomorrow.A bench of Justice Rohit Ranjan Agarwal passed this order on an application...
Today, the Allahabad High Court directed the Archaeological Survey of India (ASI) to inspect the Sambhal's Shahi Jama Mosque 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 10 AM tomorrow.
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.
The Court has asked a 3-member team [Joint Director General, Director (Monument) and Superintending Archaeologist, ASI, Meerut Circle] along with Mutawalis of the Masjid during the course of the day. As stated earlier, the report has to be filed by ASI by 10 AM tomorrow
"To balance the equity between the parties, it is necessary that during the holy month of Ramzan, the revisionist and members belonging to his community may perform their religious activity without any hindrance," the operative part of the Court's order reads.
The 8-page order of the High Court directs the ASI to state in its report about the requirement of whitewashing and maintenance/repair inside the premises. The bench has also mandated for the videography for the proposed work.
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.
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.
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.
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.
However, in a letter dated February 11, 2025, the ASP stated that since the Masjid is a protected monument, 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 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.
Case title - Committee Of Management, Jami Masjid Sambhal Ahmed Marg Kot Sambhal vs. Hari Shankar Jain And 12 Others
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