Allahabad High Court Directs ASI to Whitewash Sambhal Masjid for Ramzan, Mosque to Bear Expense

Background

The Allahabad High Court has directed the Archaeological Survey of India (ASI) to carry out the whitewashing of the Sambhal Masjid ahead of Ramzan. However, the court clarified that the expenses for the process would be borne by the mosque authorities. The ruling comes in response to a petition filed by the mosque management, requesting permission for routine maintenance and religious preparations for the holy month.

The Sambhal Masjid is a protected monument under the ASI, which means any modifications, including maintenance work, require official approval. The mosque authorities argued that the structure needed whitewashing to maintain its sanctity and provide a clean environment for worshippers during Ramzan.

Court’s Rationale

The High Court’s decision was based on the following considerations:

1. Preservation of Religious and Cultural Practices

• The court acknowledged the significance of Ramzan for the Muslim community and recognized the need for maintaining the mosque’s cleanliness.
• It noted that whitewashing was a routine maintenance activity and did not alter the structure’s historical integrity.

1. Compliance with ASI Guidelines

• The mosque is a protected structure under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
• The court emphasized that any maintenance work must be carried out under ASI supervision to ensure that no historical elements of the mosque were damaged.

1. Financial Responsibility of Mosque Authorities

• The court ruled that while ASI would oversee the whitewashing process, the mosque authorities would bear the cost.
• It clarified that state funds or ASI resources could not be used for religious maintenance activities of a protected structure.

1. Balance Between Religious Needs and Heritage Conservation

• The court struck a balance between the right to religious practice and the need to protect historical sites.
• It directed the mosque authorities to ensure that all maintenance work complied with ASI-prescribed standards.

Existing Regulations and Government Stance

The case falls under the purview of heritage protection laws, which regulate any modifications or repairs to ASI-protected monuments:

• Ancient Monuments and Archaeological Sites and Remains Act, 1958
• Prohibits unauthorized alterations to protected monuments.
• Allows maintenance with ASI approval and supervision.
• ASI’s Role in Maintenance
• ASI is responsible for conservation but does not fund religious upkeep of protected monuments.
• Religious institutions using such monuments for worship must seek ASI approval for maintenance work.

Implications of the Judgment

The court’s order has several important implications:

• For Mosque Authorities – Ensures that religious preparations for Ramzan can proceed without violating heritage protection laws.
• For ASI and Government Bodies – Reinforces the rule that any maintenance work on protected monuments must be strictly supervised.
• For Religious Freedom and Heritage Conservation – Sets a precedent for balancing religious practices with legal protections for historical sites.
• For Future Maintenance Requests – Establishes a framework where places of worship in ASI-protected sites can carry out maintenance while following due process.

Conclusion

The Allahabad High Court’s ruling allows the Sambhal Masjid authorities to proceed with whitewashing for Ramzan while ensuring compliance with ASI regulations. By placing the financial responsibility on the mosque authorities, the court has maintained the legal distinction between heritage conservation and religious upkeep. The ASI will oversee the process to ensure that the monument’s historical integrity remains intact.