Supreme Court refuses to entertain plea against Allahabad HC order on Sambhal mosque whitewashing

Appearing for appellant Satish Kumar Aggarwal, Lawyer Barun Sinha assailed the high court's order, saying the ASI was wrongly asked to whitewash the wall of the mosque.

New Delhi: The Supreme Court on Tuesday declined to entertain a plea against an order passed by the Allahabad High Court, asking the Archaeological Survey of India (ASI) to whitewash the Mughal-era Jama Masjid in Uttar Pradesh's Sambhal district.

A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar dismissed the petition filed by Satish Kumar Aggarwal.

Advocate Barun Sinha, representing Aggarwal, said his client is not against whitewashing of the mosque, but "the order was passed by the high court despite the Supreme Court giving a complete stay in the matter".

He contended that the order passed by the high court would create more confusion and disharmony and the ASI was wrongly asked to whitewash the wall of the mosque.

The bench, however, said, “We are not inclined to interfere with the impugned judgment (of the high court)."

The counsel asked the bench to allow his client to move the high court in the matter.

“We are not saying anything. If you want to withdraw, then withdraw (the petition)," the bench said.

On March 12, the high court had asked the ASI to undertake and complete the whitewashing of the mosque within a week.

It had said, "The ASI shall undertake the whitewashing work and complete the same within a period of one week from today”.

The high court had said that the expenditure incurred in the whitewashing should be borne by the masjid committee, and the same shall be reimbursed within one week after the completion of whitewashing work.

Prior to this, a court-ordered survey of a Mughal-era mosque was undertaken and it led to the violence at Sambhal last year.

The apex court had in December, 2024, while acting separately on a batch of pleas against the Place of Worship Act, 1991, had restrained all courts from entertaining fresh suits and also from passing any interim or final orders in pending cases seeking to reclaim religious places.