An archaeological body explains the Jama Masjid’s standing as a protected monument

New Delhi:

The Archaeological Institute of India (ASI) told the Delhi High Court on Wednesday that declaring the historic Jama Masjid a “protected monument” would have “significant impact” and no steps have been taken so far in this regard.

In an affidavit filed in response to PILs on the issue, the ASI said that once a monument is declared a protected monument, certain regulations and prohibitions in the area around it come into force.

It further said that although the Mughal-era Jama Masjid is currently under the protection and custody of the Delhi Waqf Board, the ASI is undertaking conservation and preservation work there.

A bench headed by Justice Prathiba M Singh said orally that he was not inclined to declare the Jama Masjid a ‘protected monument’ in view of the ASI’s stand and directed the petitioners to submit their submissions regarding the steps to be undertaken to protect the historic structure.

“They (ASI) say there is hesitation. There is an impact of declaring it a protected monument,” the court observed while dealing with a PIL seeking directions to the authorities to declare the Jama Masjid as a protected monument and remove all encroachments in and around it.

The bench, also comprising Justice Amit Sharma, however, added that it would look into the issue of streamlining the administration of the mosque and asked the Delhi Waqf Board to inform it about the status of the 9-member management committee, which was earlier appointed to Jama Masjid.

“One thing is clear, even if it is not treated as a protected monument, the revenue from it cannot go exclusively to any private person,” the court said while offering some reimbursement to the ASI for the work done by it in conservation.

The ASI, represented by the central government’s standing counsel Manish Mohan, said in its affidavit that it has spent over Rs 60 lakh on the conservation works carried out at the Jama Masjid since 2007.

The ASI’s affidavit further said that since the Jama Masjid is not a “protected monument”, there is no information about its revenue generation and utilization.

“There is a significant impact of declaring the Jama Masjid a protected monument. The provision of a no-go zone will be applicable to the Jama Masjid, which is a 100-metre zone of protected monument where new construction is prohibited. In addition, in regulated areas (200-meter zone outside the restricted area) all construction-related activities are regulated and require prior permission from the competent authority and the National Monuments Authority,” the document said.

The authorities, also represented by the Centre’s standing counsel Anil Soni, also said the “original file” containing then Prime Minister Manmohan Singh’s decision that the Jama Masjid should not be declared a protected monument could not be traced.

The court asked for the file to be presented to it on August 28.

During the hearing, senior advocate DP Singh, appearing on behalf of one of the petitioners, raised concerns regarding the utilization of revenue generated by the Jama Masjid.

He said that Jama Masjid in Pakistan is a world heritage site.

Another contributor objected to the use of the title “Shahi Imam” by the religious head at Jama Masjid.

However, the court said that it was not interested in the title, but in the actual benefit to the people.

“This is also happening in many temples. We are not interested in the title, but in the actual benefit to people,” the announcement said.

Fixing the matter for hearing in December, the court said the Center is free to record its views regarding rationalization of revenue utilization as well as the management committee appointed by the Waqf Board.

He also asked the ASI to carry out a survey of the mosque and submit a sketch along with photographs of its premises.

The PILs filed by Suhail Ahmed Khan and Ajay Gautam in 2014 objected to Jama Masjid Imam Maulana Syed Ahmed Bukhari’s use of the title ‘Shahi Imam’ and appointment of his son as Naib (Deputy) Imam. The pleas also questioned why Jama Masjid is not under ASI.

In August 2015, the ASI told the court that former prime minister Singh had assured Shahi Imam that the Jama Masjid would not be declared a protected monument.

(Except for the headline, this story was not edited by NDTV staff and was published by a syndicated channel.)