The Delhi high court expressed its displeasure on Friday over the failure of the Union culture ministry and the Archaeological Survey of India (ASI) to produce before it a complete file related to the decision of former Prime Minister Manmohan Singh that the Mughal-era Jama Masjid in Delhi should not be classified as a protected monument.
Granting the authorities a “final opportunity” to produce the complete original file, a bench of justice Prathiba Singh and Amit Sharma said that despite a previous order, the documents produced before it by the authorities on Friday were about the follow-up relating to the writ seeking to declare Jama Masjid as a protected monument, and the action taken.
The judges said that the documents produced on Friday did not have current documents pertaining to the mosque, its status as a monument, maintenance being undertaken by ASI, use of generated revenue, and asked the competent official of ASI to file a comprehensive affidavit on the aspects.
“This is not satisfactory Mr Soni. You have got clear instructions to produce original files. Most of the record is the writ, remaining documents are not original. They are photocopies,” the bench said to the ministry’s counsel Anil Soni.
The bench added, “Perusal of these note sheets would show that they mostly relate to the follow up relating to the writ and the action taken. The file relating to the Jama Masjid, its status as a monument, maintenance being undertaken by ASI, current documents of the Jama Masjid, manner in which revenue is generated are being utilized etc are not contained in this file. Let a short affidavit be filed by a competent official of ASI in respect of the above aspects and the original file related to Jama Masjid be produced on the next date of hearing. This shall be undertaken directly under the supervision of the director general, ASI, who shall hold a meeting with the standing counsels to ensure that a comprehensive affidavit is filed as to the above aspects with respect to the Jama Masjid. This shall be the final opportunity.”
{{/usCountry}}The bench added, “Perusal of these note sheets would show that they mostly relate to the follow up relating to the writ and the action taken. The file relating to the Jama Masjid, its status as a monument, maintenance being undertaken by ASI, current documents of the Jama Masjid, manner in which revenue is generated are being utilized etc are not contained in this file. Let a short affidavit be filed by a competent official of ASI in respect of the above aspects and the original file related to Jama Masjid be produced on the next date of hearing. This shall be undertaken directly under the supervision of the director general, ASI, who shall hold a meeting with the standing counsels to ensure that a comprehensive affidavit is filed as to the above aspects with respect to the Jama Masjid. This shall be the final opportunity.”
{{/usCountry}}The court was responding to an application filed by Suhail Ahmed Khan in 2018 seeking production of a file of the culture ministry on the Jama Masjid. The same was preferred in a petition seeking to declare Jama Masjid as a protected monument and removal of all the encroachments in and around it.
In its August 28 order, the high court had directed the ministry and ASI to produce a complete file and had warned the officials of action, in case of failure. “It is made clear to both ASI and the ministry of culture that the original file shall be produced before the court on the next date of hearing, and the same shall be complete in all respect with regard to the documents, failing which the concerned official(s) would be held responsible,” the court said in its order.
The bench had noted that on February 27, 2018, the court had reiterated its August 23, 2017, order, directing the ministry to produce the original file pointing out that the file was produced before it in May 2018 and thereafter the records were again directed to be produced.
However, on Friday, Soni submitted that the last two pages of the file were photocopies and sought time to produce those documents. He said that they had to be arranged from a different department.
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