The Supreme Court on Tuesday refused to interfere with an Allahabad High Court (AHC) order, directing the Archaeological Survey of India (ASI) to carry out whitewash on the exterior portion of the Shahi Jama Masjid in Sambhal and asking the mosque committee to reimburse to ASI expenses for the whitewash work.

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

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

The top court was hearing a plea by one Satish Kumar Aggarwal against the High Court order contending that the suit pertaining to disputed structure is pending and sub-judice.

The petitioner Satish Kumar Aggarwal in his plea had stated, “It will prejudice the right of the petitioner being devotees to claim disputed structure as Hari Har Temple of Bhagwan Kalki. Therefore, the petitioner has preferred the instant petition before this Court which raises a question of law of public importance.”

Questioning the High Court order asking the mosque committee to reimburse expenses of whitewash work, the petitioner Satish Kumar Aggarwal had said, “whether ASI is not provided funds for maintaining the monuments like HariHar Temple, Sambhal or the disputed structure which is illegally occupied by the Committee of Management of Jami Masjid, Sambhal.”

The High Court’s order had come on a petition by the mosque management committee seeking permission for whitewashing and cleaning of the masjid.

The High Court had further added that no extra lighting will be put on the walls, as it may cause damage to the monument, but exterior lights in the shape of focus lights/LED lights may be used by ASI for illuminating the outer area of the mosque.

In November 2024, the top court had stayed the trial court proceedings in the case, directing it to 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 a local court ordered a survey of the mosque on November 19, 2024. Opposing the court-ordered survey of the Shahi Jama Masjid, people clashed with police, resulting in the death of four persons.

The survey was ordered by a local court following a petition by some persons, 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.