The Hindu : New Delhi News : ASI asked to explain stand on Jama Masjid status

Online edition of India's National Newspaper
Thursday, Feb 24, 2005

New Delhi

New Delhi

ASI asked to explain stand on Jama Masjid status

NEW DELHI, FEB.23. The Delhi High Court today asked the Archaeological Survey of India (ASI) to explain why it did not declare the 355-year old, historic Jama Masjid here a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

A Division Bench of Chief Justice B C Patel and Justice Sanjay Kishan Kaul asked ASI to file an affidavit detailing its response on the masjid built by Mughal emperor Shahjahan in 1650, by April 27, the next date of hearing.

The Bench, which had earlier asked ASI and Delhi Wakf Board to work out modalities to declare it a protected monument, perused the minutes of the meeting and expressed dissatisfaction over the progress made in this regard.

Wakf Board, which had earlier favoured the idea, changed its stand as its counsel Najmi Waziri today opposed the move to declare the masjid as a protected monument, saying the Board had to take care of the sentiments of the community as the ASI did not permit namaz inside protected monuments.

ASI counsel Sanjay Jain submitted that the expert body was ready to allow all the ongoing religious rites, rituals and practices and sign a special Memorandum of Understanding with the Wakf Board, the owner of the property.

The court agreed to the suggestion and asked Waziri to get instruction from the Board on the ASI's suggestion and clarify what all rights it would like to be protected.

The Bench emphasied that Jama Masjid was a part of history and culture of Delhi which needed to be preserved and clarified that the religious practices would not be disturbed.

Seized of a PIL filed by Heritage and Culture Forum for declaring Jama Masjid a protected monument, it also sought a report from Wakf Survey Commission on the property.

The court pointed out that if the masjid was declared a protected monument, the construction activities around it would be prohibited and regulated and it could be maintained in a better way.

The court's observation came after Waziri drew its attention to the special treatment given to the masjid by the Government which had been giving funds to ASI for its maintenance.

Petitioner's counsel Usha Kumar pointed out that the area surrounding the mosque was very dirty which needed to be cleaned up and encroachments required to be removed.

Meanwhile, the court also issued notice to the ASI and Delhi Wakf Board on a similar petition by one Varun Goswami.

Earlier, Jain had informed the Court that there was already a proposal to declare Red Fort Complex a World Heritage Site and if Jama Masjid was declared a protected monument, it can be included in it.

Despite orders passed in November 2000 and September 2002, the condition did not change, the Bench had lamented.

Usha Kumar has sought direction to the Government to declare Jama Masjid a protected monument under section 4 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and remove all illegal structures from the area.

The Bench had expressed surprise over the fact that Jama Masjid had not been declared a protected monument by the ASI even though it featured on protected monuments' list of DDA's master plan and Indian National Trust for Art Culture and Heritage (INTACH). - PTI

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