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Synopsis

The Allahabad High Court on March 10, 2025, directed the Archaeological Survey of India (ASI) to file a specific affidavit within 24 hours, clarifying whether whitewashing, additional lighting, and the installation of decorative lights are required on the exterior of the disputed structure in Sambhal.

The bench of Justice Rohit Ranjan Agarwal issued the direction while hearing a civil revision petition filed by the Committee of Management, Jami Masjid Sambhal seeking permission for maintenance, cleaning, whitewashing, and lighting work of the structure ahead of Ramzan.

Senior Advocate S.F.A. Naqvi, representing the petitioners, argued that the ASI has not explicitly denied the need for these enhancements in its counter affidavit. He emphasized that the petitioners are only seeking external beautification, with no intervention inside the mosque.

ASI’s counsel, Adv Manoj Kumar Singh, acknowledged that some flaking is visible on the outer surface of the structure but maintained that a final determination could only be made after a detailed survey by conservation experts.

Court observed that ASI’s affidavit did not specifically address the objections raised by the petitioners on the need for whitewashing and lighting, prompting the directive for a clear response.

Additionally, the court ordered the Advocate General of Uttar Pradesh to obtain a copy of a 1927 agreement allegedly executed between the mosque’s Mutawallis and the State government.

During an earlier hearing, Senior Advocate SFA Naqvi had 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.

The case has been listed for further hearing on March 12, with an interim order remaining in effect until then.

The court also permitted ASI to send a team for further examination of the site if necessary. 

Notably, 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.

Case Title: Committee Of Management, Jami Masjid Sambhal Ahmed Marg Kot Sambhal Vs. Hari Shankar Jain And 12 Others