New Delhi, Aug 29: The Delhi High Court has directed the Union Culture Ministry and the Archaeological Survey of India (ASI) to produce a critical document concerning a decision by former Prime Minister Manmohan Singh on the status of the historic Jama Masjid. The document, now reported missing, confirms that the Mughal-era mosque should not be classified as a protected monument.
A bench comprising Justices Prathiba M Singh and Amit Sharma, on Wednesday, emphasized the seriousness of the missing document and warned of strict action if it is not presented. “These are vital documents under your custody, and it is your duty to preserve them. This is a grave matter, and we will hold the officials accountable if the documents are indeed missing,” the bench stated.
The court’s directive comes in response to a series of public interest litigation petitions (PILs) that sought to have Jama Masjid declared a protected monument and to remove encroachments around it. One petitioner, Suhail Ahmed Khan, had filed an application in March 2018, requesting the production of the Culture Ministry’s file regarding the mosque.
The court noted that it had previously ordered the ministry to present the file on August 23, 2017, and reiterated this order on February 27, 2018. While the file was initially presented on May 21, 2018, it was found that the original letter from former Prime Minister Singh was missing.
An ASI official informed the court that efforts are being made to locate the missing document. “In accordance with previous court orders, the ministry’s file was supposed to be ready for today’s hearing. However, an ASI official reported that the original letter from the former prime minister (Singh) is missing. Steps are being taken to find it,” the court observed.
The bench has ordered the complete original file, including all relevant documents, to be produced at the next hearing on September 27. Failure to do so will result in consequences for the officials responsible for the file’s safekeeping.
The government’s counsel had previously clarified that Jama Masjid is a “live monument” where prayers are regularly conducted, imposing certain restrictions on its status. The ASI, in an affidavit, stated that the mosque is not a centrally protected monument and thus does not fall under its jurisdiction.
The ASI further noted that in 2004, there was a proposal to designate Jama Masjid as a centrally protected monument. However, former Prime Minister Manmohan Singh had assured the Shahi Imam, in a letter dated October 20, 2004, that it would not be declared as such.
The missing document raises concerns over record-keeping and accountability within the ASI and the Culture Ministry, bringing the spotlight back on the management of India’s historical and cultural heritage.
