LawChakra

Delhi High Court Grants ASI More Time for Jama Masjid Inspection Amid Calls for Protected Monument Status

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The Delhi High Court has extended the Archaeological Survey of India’s (ASI) timeline for inspecting the historic Jama Masjid and submitting a report, now due before January 29, 2025. The court is reviewing Public Interest Litigations seeking the mosque’s designation as a “protected monument,” addressing concerns over various practices and their implications.

Delhi: The Delhi High Court has extended the timeline for the Archaeological Survey of India (ASI) to complete its inspection of the historic Jama Masjid in Delhi and submit a detailed report. The court is currently hearing Public Interest Litigations (PILs) seeking to declare the mosque as a “protected monument.”

A bench of Justices Prathiba M Singh and Amit Sharma, during a hearing on December 11, directed the ASI to file its report at least a week before the next hearing scheduled for January 29, 2025. The court emphasized,

“Let the survey/inspection as directed in the order dated October 23, 2024, be carried out and a report be filed at least one week before the next date of hearing with advance copies to all parties appearing in the matter.”

The High Court had previously ordered the ASI, along with representatives from the Delhi Waqf Board, to inspect the Jama Masjid premises and its vicinity. The court also required the submission of a sketch and a table outlining the purposes for which the mosque’s premises were being used.

On December 11, senior advocate Anil Soni, appearing for the ASI, requested more time to complete the inspection. Granting the extension, the court allowed one counsel representing the petitioner to accompany the ASI team during the inspection.

The PILs, filed by Suhail Ahmed Khan and Ajay Gautam in 2014, raised concerns over the lack of a “protected monument” status for Jama Masjid and questioned certain practices at the mosque. These included the use of the title “Shahi Imam” by Maulana Syed Ahmed Bukhari and the appointment of his son as the naib Imam.

In 2015, the ASI informed the court that former Prime Minister Manmohan Singh had assured the Shahi Imam that Jama Masjid would not be declared a protected monument.

In its latest affidavit, the ASI stated that declaring Jama Masjid a “protected monument” would have a “substantial impact,” as such a designation brings regulations and prohibitions in the surrounding area.

Currently, the Mughal-era Jama Masjid, built by Emperor Shah Jahan, is under the protection and guardianship of the Delhi Waqf Board, though the ASI handles its conservation and preservation.

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