High Court seeks ‘missing’ file signed by ex-PM Manmohan Singh declaring Jama Masjid not a protected monument

The court was hearing petitions filed in 2014 that sought the historic mosque to be declared a protected monument and the removal of all encroachments in and around it

The Delhi High Court on Friday expressed displeasure over the failure of authorities to produce before it a file containing the decision of former Prime Minister Manmohan Singh that the historic Mughal-era mosque in the Capital — Jama Masjid — should not be declared a protected monument.

A Bench headed by Justice Prathiba M. Singh observed that in spite of an earlier order, “loose sheets” and other documents were submitted to it instead of the record pertaining to the mosque’s status as a monument, its current occupants, etc.

The court sought an affidavit in the matter from a competent officer of the Archaeological Survey of India (ASI) as well as the original file on the next date of hearing in October.

It also asked the ASI Director General to directly supervise the matter and hold a meeting with the Central government’s counsel to ensure that a comprehensive affidavit is filed.

The court was hearing petitions filed in 2014 that sought the historic mosque to be declared a protected monument and the removal of all encroachments in and around it. The pleas have also asked why the mosque is not under the ASI’s management.

On August 28, an official on behalf of the Archaeology Survey of India (ASI) had told the court that the original letter dated October 20, 2004 written by the former Prime Minister is “missing” in the concerned file. The official said he was taking steps to trace the same.

The court had then directed the Union Ministry of Culture and ASI to produce before it a file containing Mr. Singh’s decision that Jama Masjid should not be declared a protected monument.

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

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

“In 2004, the issue of notifying 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 a centrally-protected monument,” the ASI had said in its affidavit in the court.

Published - September 28, 2024 12:55 am IST