Sambhal dispute: SC declines to interfere with HC order allowing whitewashing outer part of masjid

NEW DELHI: The Supreme Court on Tuesday declined to interfere with a Allahabad High Court order directing the Archaeological Survey of India (ASI) to carry out whitewashing work for the exterior of the Shahi Jama Masjid in Sambhal and that the mosque committee should reimburse expenses for such work.

A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar dismissed the plea, which contended that the High Court committed an error in law by permitting ASI to recover expenditures incurred from the mosque committee.

The High Court, in its order in March, directed ASI to undertake whitewashing work within a week on the outer part of the Sambhal Jama Masjid, where flaking is seen and whitewashing is required.

The apex court was hearing an appeal against the High Court order filed by Satish Kumar Aggarwal, which said a suit pertaining to the disputed structure is pending sub-judice.

“It will prejudice the right of the petitioner being devotee to claim disputed structure as Hari Har Temple of Bhagwan Kalki. Therefore, petitioner has preferred the instant petition before this court which raises question of law of public importance”, the plea stated. It asked, “whether ASI is not provided funds for maintaining monuments like Hari Har Temple, Sambhal, or the dispute structure which is illegally occupied by the Committee of Management of Jami Masjid, Sambhal”.

#WATCH | Uttar Pradesh: A team of ASI (Archaeological Survey of India) reaches Shahi Jama Masjid in Sambhal. On February 28, the Allahabad High Court ordered the cleaning of the mosque premises. pic.twitter.com/EXtD1WFxJW

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The order of the High Court came on a petition filed by the mosque management committee seeking permission for whitewashing and cleaning of the masjid. The High Court further added that no extra lighting will be put on the walls, as it may damage the monument, but exterior lights in the shape of focus lights or LED lights may be used by ASI to illuminate the outer area of the mosque.

In November 2024 last year, the top court had stayed the trial court proceedings in the case, directing it not to hear the matter until the petition filed by the mosque committee against the survey order is listed in the Allahabad High Court.

Tensions in Sambhal had simmered after the local court ordered a survey of the mosque on November 19. Opposing the court-ordered survey of the Jama Masjid people clashed with police, resulting in the death of four persons.

The survey followed a petition filed by some persons in the local court, claiming that the site of the mosque was previously a Harihar temple, dedicated to Kalki, the last incarnation of Lord Vishnu, and built in 1526 after demolishing the temple. (ANI)