Allahabad HC orders survey of ‘alleged’ Sambhal mosque to assess need for maintenance before Ramzan
In its eight-page order, the High Court used the word ‘alleged’ five times to describe the masjid.
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The Allahabad High Court on Thursday directed the Archaeological Survey of India to inspect the Shahi Jama Masjid in Uttar Pradesh’s Sambhal to assess whether the structure needs whitewashing before the commencement of the Islamic holy month of Ramzan, Live Law reported.
In its eight-page order, the court used the word “alleged” five times to describe the masjid. This came after the advocate for the Hindu side told the judge: “My lord ye na ho ki iss order ke garb mei HC ne usko mosque maan liya [My lord, it shouldn’t happen that in the guise of this order the High Court has accepted that it is a mosque.”
The archaeological survey report is to be submitted by 10 am on Friday.
The court’s order came on a petition filed by the mosque management committee that sought permission from the court to whitewash and clean the structure ahead of Ramzan, which begins on Saturday.
“To balance the equity between the parties, it is important that during the holy month of Ramzan...the communal harmony is maintained,” the court’s order on Thursday said.
During the hearing, the High Court also dismissed a request by the Archaeological Survey of India requesting security for its three-member team that will conduct the survey.
The mosque committee had initially requested the authorities not to impose any restrictions on the azaan (call to prayer) and maintenance activities, which they assert are essential for the mosque’s regular upkeep.
The Sambhal police contested this claim, arguing that the committee needed permission from the Archaeological Survey of India for any maintenance work. In response, the mosque authorities approached the High Court, stating that similar work had been done for other special occasions in the past.
The mosque authorities also claimed the police’s objection violated their right to freely practice and manage religious activities, which are guaranteed by Articles 25 and 26 of the Constitution.
On November 24, violence broke out in Sambhal after Muslim groups objected to a court-ordered survey of the Shahi Jama Masjid. A trial court had ordered the survey as part of a lawsuit claiming that the mosque had been built in 1526 by Mughal ruler Babur on the site of a “centuries-old Shri Hari Har Temple dedicated to Lord Kalki”.
Five persons were killed in the clashes.
A total of 79 people have been apprehended so far in connection with the riots, with 46 of them having applied for bail – which has not yet been granted.
Also read: ‘Ayodhya happened, now Sambhal’s turn’: How a court order sparked a deadly dispute over a mosque