India Tomorrow
NEW DELHI: The Delhi High Court has ordered the Union Culture Ministry and the Archaeological Survey of India (ASI) to produce a document containing a decision made by former Prime Minister Manmohan Singh regarding the historic Jama Masjid. The decision in question stated that the Mughal-era mosque should not be declared a protected monument. This directive from the court was issued on Wednesday, August 28, following reports that this crucial document is now missing.
A bench comprising Justices Prathiba M Singh and Amit Sharma warned that if the document is not produced, action will be taken against the officials responsible for its safekeeping. “These are vital documents under your custody, and it is your duty to preserve them. This is a grave matter, and we will hold the officials accountable if the documents are indeed missing,” the bench asserted.
The court’s directive came in response to several public interest litigation (PIL) petitions advocating for the declaration of Jama Masjid as a protected monument and the removal of encroachments around it. One petitioner, Suhail Ahmed Khan, had filed an application in March 2018, requesting the production of the Ministry of Culture’s file related to the Jama Masjid.
The court observed that it had previously ordered the ministry to present the file on August 23, 2017, and reiterated this order on February 27, 2018. Although the file was initially presented on May 21, 2018, the original letter from Manmohan Singh was missing.
An official from the ASI informed the court that efforts are underway to locate the missing document. “In accordance with previous court orders, the ministry’s file was supposed to be ready for today’s hearing. However, an ASI official reported that the original letter from the former prime minister (Singh) is missing. Steps are being taken to find it,” the court noted.
The bench emphasized that the complete original file, including all related documents, must be produced at the next hearing on September 27. If the file is not presented, the responsible officials will face consequences.
The government’s counsel previously informed the court that the Jama Masjid is a “live monument” where prayers are regularly conducted, making it subject to various restrictions. The ASI, in an affidavit, clarified that the mosque is not a centrally protected monument, and therefore, does not fall under its jurisdiction.
“In 2004, there was a proposal to declare the Jama Masjid as a centrally protected monument. However, former Prime Minister Manmohan Singh assured the Shahi Imam, in a letter dated October 20, 2004, that the Jama Masjid would not be designated as a centrally protected monument,” the ASI stated.
