Delhi HC pulls up officials over a file signed by Manmohan Singh related to Jama Masjid
- In Reports
- 09:18 PM, Sep 28, 2024
- Myind Staff
On September 27, the Delhi High Court expressed its frustration over the authorities' failure to present a file that contains the decision by former Prime Minister Manmohan Singh regarding the status of the historic Mughal-era Jama Masjid, specifically that it should not be designated as a protected monument. Justice Prathiba M Singh noted that, despite a prior order, only "loose sheets" and other documents were submitted instead of the complete record related to the mosque's monument status and its current occupants. The court granted a final opportunity for the matter, requesting an affidavit from a competent officer of the Archaeological Survey of India (ASI) and the original file by the next hearing date in October.
The court also directed the ASI Director General to personally oversee the matter and convene a meeting with the central government's counsel, lawyers Anil Soni and Manish Mohan, to ensure a thorough affidavit is submitted. The high court was hearing public interest litigations (PILs) requesting that authorities declare Jama Masjid a protected monument and remove all encroachments within and around it.
On August 28, the court instructed the Union Ministry of Culture and the ASI to ensure that a file containing former Prime Minister Manmohan Singh's decision not to declare Jama Masjid a protected monument was presented. During the hearing on Friday, the bench questioned the ASI official present about his failure to comply with the order, stating, "Who is not providing the file? We will call the secretary. There are clear instructions."
The bench, which also included Justice Amit Sharma, noted that the documents submitted mostly pertained to the writ petition and its follow-up actions, lacking information about the Jama Masjid's status as a monument, maintenance activities by the ASI, current occupants, and how the generated revenue is utilized.
The bench requested that a concise affidavit be filed by a competent ASI officer addressing all relevant aspects and that the original file be produced at the next hearing, all under the direct supervision of the ASI Director General.
The court instructed the ASI Director General to assign a knowledgeable official to the case.
The public interest litigations (PILs) filed by Suhail Ahmed Khan and Ajay Gautam in 2014 have raised objections regarding the use of the title "Shahi Imam" by the Jama Masjid's imam, Maulana Syed Ahmed Bukhari, as well as the appointment of his son as the naib (deputy) imam. The petitions also questioned why the mosque is not managed by the ASI.
Previously, the Centre's counsel argued that the Jama Masjid is an active monument where people come to pray and is subject to various restrictions. In August 2015, the ASI informed the court that Mr. Singh had assured the Shahi Imam that the Jama Masjid would not be designated as a protected monument.
The court was informed that since the Jama Masjid is not classified as a centrally protected monument, it does not come under the ASI's jurisdiction.
The ASI stated in its affidavit that the question of designating the Jama Masjid as a centrally protected monument was raised in 2004. However, former Prime Minister Manmohan Singh assured the Shahi Imam in a letter dated October 20, 2004, that the Jama Masjid would not be declared a centrally-protected monument.
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