New Delhi, Sept 01
The Supreme Court has ordered CBI to conduct a preliminary enquiry into the decision of the Archaeological Survey of India (ASI) and the central government refusing to declare Shaikh Ali ‘Gumti’ in Defence Colony of the national capital solely on the basis of objections made by Defence Colony Welfare Association (DCWA).
Directing the CBI to file a report on the outcome/progress of preliminary enquiry in two months, a Bench led by Justice Ahsanuddin Amanullah posted the matter for further hearing on November 12.
“Needless to state, if in the interregnum, the official respondents concerned so desire, they will be at liberty to take steps to protect the Gumti, in accordance with law. However, in terms of order dated March 12, 2024, “no change in any manner whatsoever in the Gumti shall be made by any person/body till further orders. Any deviation in this regard shall entail serious consequences,” the Bench said in its August 27 order.
Acting on a petition filed by Rajeev Suri, the top court sought to know, “How and under what circumstances the Gumti came to be occupied by the DCWA, as claimed, from “1963-64”?”
Suri has challenged the Delhi High Court’s February 20, 2019 judgment refusing to issue directions to the ASI and the Centre to declare the ‘Gumti’ as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The Bench asked the probe agency to find out, “How and under what circumstances, when the Central Government and ASI had initially recommended that the Gumti be declared a protected monument, only on the purported basis of alterations/additions having been made by the DCWA and the sole objection submitted by it, both ASI and the Central Government changed their stands?”
It also directed the CBI to find out as to how and under what circumstances and on whose authority additions/alterations were made to the Gumti and why appropriate steps were not taken and by which officer/authority to prevent additions/alterations in it.
The ASI had initially recommended declaring the Gumti a protected monument under the Act but later, citing the modifications made by the DCWA – which has been using the structure as its office – went back on its recommendation.
