Introduction:

In a recent legal development, the Allahabad High Court addressed the contentious issue of maintenance and whitewashing of the historic Shahi Jama Masjid in Sambhal, Uttar Pradesh. The case, titled Committee of Management, Jama Masjid v. State of Uttar Pradesh, was presided over by Justice Rohit Ranjan Agarwal.

Background of the Case:

The Management Committee of the Shahi Jama Masjid, represented by Senior Counsel S.F.A. Naqvi, filed an application seeking permission to undertake whitewashing and essential maintenance work in preparation for the upcoming holy month of Ramzan, commencing on March 1, 2025. The committee emphasized that such activities, including cleaning, whitewashing, and installation of additional lighting, are customary practices conducted annually to ensure a conducive environment for devotees.

However, the Additional Superintendent of Police (ASP) North Sambhal, in a letter dated February 11, 2025, objected to the proposed maintenance activities. The ASP highlighted that the mosque is a protected monument under the jurisdiction of the Archaeological Survey of India (ASI), and any maintenance work requires prior authorization from the ASI. This objection led the Management Committee to approach the High Court, challenging the ASP’s directive and seeking immediate relief to carry out the necessary preparations ahead of Ramzan.

Petitioner’s Submissions:

Senior Counsel S.F.A. Naqvi, representing the Management Committee, argued that the ASI was unduly obstructing routine maintenance activities that have been traditionally performed by the committee without interference. He contended that the ASI’s refusal to grant permission for whitewashing and cleaning was causing unwarranted delays, especially with the imminent arrival of Ramzan. Naqvi further asserted that the committee had consistently undertaken such maintenance work to preserve the sanctity and cleanliness of the mosque, and the current objections were unprecedented and unjustified.

Respondent’s Submissions:

Advocate Manoj Kumar Singh, representing the ASI, countered that the mosque, being a protected monument, falls under the exclusive purview of the ASI for any conservation and maintenance activities. He informed the court that ASI officials had been denied access to the mosque premises by the committee, hindering their ability to assess the site’s condition and determine the necessity of the proposed maintenance work. Singh emphasized that any unauthorized alterations or maintenance could potentially compromise the structural integrity and historical significance of the monument.

Additionally, Advocate Hari Shankar Jain, appearing as a respondent, expressed concerns that the proposed whitewashing might lead to the defacement of existing artefacts and symbols of historical importance within the mosque. He urged the court to ensure that any maintenance work does not alter or obscure the monument’s original features.

Court’s Observations and Judgment:

Upon hearing the arguments, Justice Rohit Ranjan Agarwal directed the ASI to conduct an immediate inspection of the Shahi Jama Masjid to assess the necessity of whitewashing and other maintenance activities. The court constituted a three-member committee comprising Madan Singh Chauhan (Joint Director General, ASI), Zulfequar Ali (Director of Monuments, ASI), and Vinod Singh Rawat (Superintending Archaeologist, ASI Meerut Circle) to carry out the inspection. The committee was instructed to submit a detailed report by 10 a.m. on February 28, 2025, outlining their findings and recommendations.

The ASI’s inspection report concluded that the Shahi Jama Masjid is structurally sound and does not require immediate whitewashing. The report noted that previous unauthorized repair and renovation work undertaken by the Masjid Committee had resulted in alterations to the historic structure, including the replacement of original flooring with tiles and stones, and the application of thick enamel paint in vibrant colors over the interior surfaces, thereby concealing the monument’s original features. The ASI emphasized the need to identify and rectify these modern interventions to restore the monument’s historical authenticity.

In response to the ASI’s findings, the Management Committee, through Senior Counsel Naqvi, contested the report’s conclusions, insisting on the necessity of whitewashing to uphold the mosque’s sanctity during Ramzan. The committee argued that the ASI’s assessment did not adequately consider the cultural and religious significance of the maintenance activities traditionally performed ahead of the holy month.

Taking into account the ASI’s report and the committee’s assertions, the court granted the Management Committee time until Tuesday to file their objections or responses to the ASI’s findings. In the interim, the court directed the ASI to undertake cleaning of the mosque premises, including the removal of dust and vegetation both inside and around the structure, to ensure a clean environment for worshippers during Ramzan. The court also instructed the Management Committee to cooperate fully with the ASI and refrain from any unauthorized maintenance activities pending further orders.

Conclusion:

The Allahabad High Court’s directive underscores the delicate balance between preserving the historical integrity of protected monuments and accommodating the customary religious practices associated with such sites. While the court acknowledged the Management Committee’s intent to maintain the mosque for the upcoming Ramzan, it emphasized the necessity of adhering to legal protocols and obtaining requisite permissions to prevent potential damage to the monument’s heritage. The involvement of the ASI ensures that any maintenance work aligns with conservation standards, thereby safeguarding the mosque’s historical and cultural significance for future generations.