HC asks Centre, ASI to produce documents on not declaring Jama Masjid ‘protected’ monument

New Delhi, Aug 28 (PTI) The Delhi High Court directed the Union culture ministry and the ASI on Wednesday to positively produce before it a file containing the decision of then prime minister Manmohan Singh that the historic Mughal-era Jama Masjid should not be declared a protected monument.

The court said if the authorities fail to place the documents, which are reportedly missing, before it, action would be initiated against the officials concerned.

The court’s order came after it was informed that officials are trying to trace the file that has gone missing.

“These are important documents which are in your custody and you have to keep them safely. This is very serious and we will take action against the officials if the documents are missing,” a bench of Justices Prathiba M Singh and Amit Sharma said.

The high court was hearing a clutch of public interest litigation (PIL) pleas seeking directions to authorities to declare the Jama Masjid a protected monument and remove all encroachments in and around it.

It was also dealing with an application, filed on March 16, 2018 by one of the petitioners, Suhail Ahmed Khan, seeking production of the file of the Ministry of Culture relating to the Jama Masjid.

The bench noted that on February 27, 2018, the court had reiterated its August 23, 2017 order, directing the ministry to produce the file wherein the decision was taken not to declare the Jama Masjid a protected monument.

It pointed out that the file was produced before it on May 21, 2018 and thereafter, the records were again directed to be produced.

“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,” the court said.

“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,” it added.

The court, while disposing of the application, listed the main matter for hearing on September 27.

The Centre’s counsel had earlier submitted that the Jama Masjid is a live monument where people offer prayers and there are a lot of restrictions.

The ASI had, in August 2015, told the court that Singh had assured the Shahi Imam that the Jama Masjid would not be declared a protected monument.

The court was also informed that as the Jama Masjid is not a centrally-protected monument, it does not fall within the ASI’s purview.

“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, vide his October 20, 2004 letter, that the Jama Masjid would not be declared as a centrally-protected monument,” the ASI had said in its affidavit in the court.