Today, On 28th August, The High Court directed the Centre and the Archaeological Survey of India (ASI) to produce documents regarding the decision not to declare Jama Masjid a protected monument. This directive came amid a series of public interest litigations (PILs) requesting the declaration of Jama Masjid as a protected site and the removal of encroachments around it. The court also addressing an application filed by petitioner Suhail Ahmed Khan on March 16, 2018, seeking the Ministry of Culture’s file on Jama Masjid.
New Delhi: The Delhi High Court on Wednesday instructed the Union Culture Ministry and the ASI to present a file detailing the decision by former Prime Minister Manmohan Singh that the historic Mughal-era Jama Masjid should not be declared a protected monument.
The court warned that if the authorities fail to produce the documents, which reportedly missing, action would be taken against the responsible officials. This directive followed the court being informed that officials are currently attempting to locate the missing file.
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A bench of Justices Prathiba M Singh and Amit Sharma stated,
“This is a serious matter; these important documents are in your custody, and you are responsible for safeguarding them. If they are missing, we will take action against the officials involved,”
The High Court was addressing a series of public interest litigation (PIL) petitions requesting that authorities declare the Jama Masjid a protected monument and remove encroachments in its vicinity.
The court was also addressing an application filed on March 16, 2018, by petitioner Suhail Ahmed Khan, requesting the production of a file from the Ministry of Culture concerning the Jama Masjid. The bench noted that on February 27, 2018, the court reiterated its earlier order from August 23, 2017, instructing the ministry to produce the file in which the decision was made not to declare the Jama Masjid a protected monument.
The file presented before the court on May 21, 2018, and the records were subsequently ordered to be produced again.
The court said,
“As per the previous orders, the file of the ministry had to be kept ready for the hearing of this matter. Today, it was submitted by an official of the ASI that the original letter written by the then prime minister (Singh) is missing in the file. However, he said they are taking steps to trace the same,”
It added,
“It is made clear that whether it is the Archaeological Survey of India or the Ministry of Culture, the original file shall be produced on the next date of hearing, which shall be complete with all the documents, failing which the concerned officials would be held responsible,”
The court, while concluding the application, scheduled the main hearing for September 27.
The Centre’s counsel previously argued that the Jama Masjid is an active site of worship with many restrictions. In August 2015, the ASI informed the court that former Prime Minister Manmohan Singh had assured the Shahi Imam that the Jama Masjid would not be designated as a protected monument.
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It also clarified that since the Jama Masjid is not a centrally protected monument, it does not come under the ASI’s jurisdiction.
The ASI stated in its affidavit,
“In 2004, the issue of notifying the Jama Masjid as a centrally protected monument was raised. However, former Prime Minister Manmohan Singh assured the Shahi Imam, through his letter dated October 20, 2004, that the Jama Masjid would not be declared as such,”
The court’s insistence on transparency and accountability highlights the significance of the decisions made regarding such a prominent cultural and religious site.