The Delhi High Court on Wednesday directed the Union Ministry of Culture and the Archaeological Survey of India (ASI) to produce the file containing then Prime Minister Manmohan Singh’s decision that the Mughal-era Jama Masjid should not be declared a protected monument. The court said if the authorities fail to produce the allegedly missing documents before it, action will be initiated against the concerned officials.
The Delhi High Court was told that the officials are trying to trace the missing file. After this the court gave this order. A bench of Justice Pratibha M Singh and Justice Amit Sharma said that this is an important document which you have. You have to keep these documents safe. This is very important. If the documents are missing then we will take action against the officials.
The Delhi High Court is hearing a batch of PILs seeking directions to the authorities to declare the Jama Masjid a protected monument and remove all encroachments from around it. The court is also hearing a plea filed on March 16, 2018 by one of the petitioners, Suhail Ahmed Khan, seeking production of the Culture Ministry file related to the Jama Masjid.
The bench said that on February 27, 2018, the court had reiterated its order of August 23, 2017, directing the ministry to produce the file in which it was decided not to declare Jama Masjid a protected monument. The court said that the file was produced before it on May 21, 2018 and thereafter, the record was again directed to be produced.
The court said- As per the previous orders, the ministry’s file was to be kept ready for the hearing of this case. Today, an ASI official said that the original letter written by the then Prime Minister (Manmohan Singh) is not in the file. The official also said that they are taking steps to find it out. In such a situation, it is made clear that whether it is ASI or the Ministry of Culture, present the original file.
The court said- the original file should be presented on the next date of hearing, complete with all the documents, otherwise the concerned officials will be held responsible. With this, the court gave the date of 27 September. In August 2015, the ASI had told the court that Manmohan Singh had assured the Shahi Imam that the Jama Masjid would not be declared a protected monument.
During the hearing, the court was also told that since the Jama Masjid is not a centrally protected monument, it does not fall under the purview of the ASI. The ASI had said in its affidavit filed in the court that in 2004, the issue of notifying the Jama Masjid as a centrally protected monument was raised, but the then Prime Minister Manmohan Singh had assured the Shahi Imam through his letter dated October 20, 2004 that the Jama Masjid would not be declared a centrally protected monument.
