High Court Slams ASI Over 'No Response' On Whitewashing Denial At Sambhal's Jama Mosque, Refers To It As 'Alleged Masjid'

“This Court finds that no suitable reply has been given by the ASI for denying to proceed for whitewashing of exterior part of the alleged Masjid during the holy month of Ramzan,” a bench of Justice Rohit Ranjan Agarwal observed in its order as it referred to the Mosque in question as 'alleged masjid'.

The Court observed thus as it noted that earlier, the ASI was asked to respond as to whether the exterior part of the 'disputed monument' required whitewashing; however, the affidavit filed by the ASI on Wednesday failed to address these specific points.

During the hearing, the court also expressed 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 questioned the ASI's inaction in this regard as it firmly asked Singh as to why the ASI's officers had not intervened during all these years while the alleged damage was occurring due to the mosque committee's actions.

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. [Translation: "Where were you in 2010, and in 2020? It's only in 2024-25 that you're taking action. You have stated that for several years, the mosque committee has been doing whitewashing. What have you done? You are acting at the behest of the government. We have repeatedly granted permission, yet you continue to fail in your duty."]

In its 3-page order passed on Wednesday, disposing of the Masjid management committee's whitewashing plea, this Court has directed the ASI to carry out the whitewashing work “in all those parts of the monuments in which flaking is seen and whitewashing is required”.

The Court has also directed that no additional lighting be installed on the walls of the Jama Mosque to prevent potential damage to the monument. However, it has permitted the ASI to use exterior lighting, such as focused or LED lights, to illuminate the surrounding area of the alleged mosque.

As per the court's order, the expenditure for the entire exercise will have to be borne by the Masjid management committee.

The Management Committee of the Shahi Jama Masjid, Sambhal, had 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.