The Delhi High Court expressed its frustration on Friday over authorities’ inability to present a file containing former Prime Minister Manmohan Singh’s decision that the historic Jama Masjid in Delhi should not be declared a protected monument. The bench, led by Justice Prathiba M Singh, criticized the submission of “loose sheets” and other unrelated documents instead of the original records regarding the mosque’s status and current occupants.
The court has now given a final opportunity, ordering a senior officer from the Archaeological Survey of India (ASI) to submit an affidavit and the original file by the next hearing in October. It also directed the ASI Director General to personally oversee the matter and ensure a detailed affidavit is prepared in collaboration with the central government’s lawyers, Anil Soni and Manish Mohan.
The high court was hearing Public Interest Litigations (PILs) that sought to have the Jama Masjid declared a protected monument and to remove all encroachments around it. On August 28, the court had instructed the Ministry of Culture and the ASI to present the file containing Manmohan Singh’s decision that the mosque should not be declared a protected monument.
During Friday’s session, the bench reprimanded the ASI official for not complying with its order, stating, “Who is withholding the file? We will summon the secretary. There are clear instructions.”
The bench, also comprising Justice Amit Sharma, noted that the documents submitted so far only pertain to the writ petition and its follow-up actions, with no information about the mosque’s status, maintenance by the ASI, its current occupants, or how revenue is being utilized.
The court ordered that a competent officer from the ASI file a brief affidavit covering all aspects of the case and submit the original file in October under the direct supervision of the ASI Director General.
The PILs, filed by Suhail Ahmed Khan and Ajay Gautam in 2014, have raised concerns about the use of the title “Shahi Imam” by the mosque’s imam, Maulana Syed Ahmed Bukhari, and the appointment of his son as deputy imam. They also questioned why the mosque is not under ASI management.
The Centre’s counsel previously argued that Jama Masjid is an active religious site with several restrictions, and therefore not under ASI’s management. In August 2015, the ASI informed the court that Manmohan Singh had assured the Shahi Imam through a letter dated October 20, 2004, that the mosque would not be declared a protected monument, as it does not fall under the ASI’s jurisdiction.
