The Delhi High Court has instructed the Union Ministry of Culture and the Archaeological Survey of India (ASI) to produce a crucial file detailing the decision taken by former Prime Minister Manmohan Singh not to declare the historic Jama Masjid a protected monument.
The directive, issued on Wednesday, came in response to reports that the file is currently missing.
Justices Prathiba M Singh and Amit Sharma, presiding over the case, warned that action would be taken against officials if they failed to locate and submit the documents.
The court's stringent order follows the revelation that attempts are underway to track down the missing file.
The bench expressed serious concern over the absence of these important documents, emphasising their critical role in the ongoing public interest litigation (PIL) that seeks to have the Jama Masjid declared a protected monument and to address encroachments around the site.
The court had previously mandated that the Ministry of Culture produce the file concerning the Jama Masjid's non-protection status on several occasions.
The file was initially presented on May 21, 2018, following an order from August 23, 2017, which reiterated the need for the document. Despite this, it was reported that the file was incomplete, with the original letter from then-Prime Minister Singh missing.
An official from the ASI informed the court that efforts were being made to recover the missing document.
The court, however, has made it clear that both the ASI and the Ministry of Culture must ensure the complete file, including all relevant documents, is available for the next hearing. Failure to do so will result in holding the concerned officials accountable.
The ongoing PIL, initially filed by Suhail Ahmed Khan on March 16, 2018, is seeking to have the Jama Masjid, a significant Mughal-era monument, declared a protected site and to remove encroachments around it.
The court had previously been informed that the Jama Masjid is an active place of worship with numerous restrictions, a factor cited in the argument against its protection status.
In August 2015, the ASI had stated that the decision not to declare the Jama Masjid a protected monument was based on an assurance given by Singh to the Shahi Imam. This assurance was reportedly conveyed through a letter dated October 20, 2004.
The ASI has also maintained that since the Jama Masjid is not a centrally-protected monument, it does not fall under the ASI's jurisdiction.
The court has set the next hearing for September 27, during which it will further address the status of the Jama Masjid and the implications of the missing documents.
The Centre's counsel has argued that the Jama Masjid, being an active site of prayer, comes with its own set of limitations and restrictions.
Follow us
