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To balance the equity between the parties, it is necessary that during the holy month of Ramzan, the mosque’s management committee and members belonging to its community may perform their religious activity without any hindrance, the court said
The Allahabad High Court has directed the Archaeological Survey of India (ASI) to immediately inspect the Jami Masjid in Sambhal's Kot Purvi locality and submit its report by 10:00 am on February 28.
Justice Rohit Ranjan Agarwal issued the order while hearing an urgent plea from the mosque’s management committee, which sought permission for maintenance, cleaning, whitewashing, and lighting work ahead of Ramzan.
The site is contested as both a mosque and a temple, with Hindu plaintiffs pursuing a civil suit to assert their right to access what they call the Shri Hari Har Temple, currently identified as Jami Masjid.
Senior Advocate SFA Naqvi informed the court of a 1927 agreement between the Mutawalis of Jami Masjid and the Secretary of State for India Council, which placed the responsibility of repairs on the Archaeological Department. The expenses were to be covered by an endowment, with additional funds provided by the state if needed. The agreement also mandated that Mutawalis could not undertake repairs without the Collector’s written consent, nor could they alter, remove, or construct anything on or near the site without approval.
Naqvi argued that for decades, the mosque had handled its own whitewashing and repairs without ASI interference. Ahead of Ramzan, which begins on March 3, 2025, the committee applied to the ASI on February 8, seeking approval for whitewashing and essential maintenance. He assured the court that the work would be carried out without damaging or altering the protected site.
However, the Advocate General opposed the plea, contending that the Collector had never been approached, and as per the agreement, it was ASI's duty—assisted by the Collector—to handle repairs. He insisted that the court should wait for the ASI's report before considering any action. Additionally, he argued that the plea was not maintainable under Section 115 CPC, as the court had limited jurisdiction in a matter concerning the trial court's appointment of an Advocate Commissioner in favor of the plaintiffs.
ASI's counsel, Advocate Manoj Kumar Singh, stated that ASI officials were denied access to the mosque, making it impossible to determine the necessity of whitewashing. He submitted that if permitted by the court, ASI officers would inspect the site and report back on whether whitewashing and lighting work should be allowed. If required, ASI would undertake the work, with costs borne by the mosque committee.
Opposing the plea, Advocate Hari Shanker Jain argued that under the guise of maintenance, the mosque committee could erase artefacts and symbols indicating the site's Hindu origins. He urged the court to reject the application, asserting that ASI was solely responsible for the site's upkeep and had already lost control over it.
The court acknowledged that the site is a protected monument under ASI’s supervision and reaffirmed the terms of the 1927 agreement, which required ASI to handle repairs while preventing any alterations, defacement, or damage to the structure.
Addressing Jain’s concerns, the court emphasized the need to balance interests, stating that members of the mosque committee must be allowed to perform religious activities during Ramzan without hindrance. The matter has been posted for hearing tomorrow morning after ASI submits its report.
Case Title: Committee Of Management, Jami Masjid Sambhal Ahmed Marg Kot Sambhal Vs. Hari Shankar Jain And 12 Others
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