The Archaeological Survey of India (ASI) on Wednesday told the Delhi High Court that declaring the historic Jama Masjid a “protected monument” would have a “substantial impact” and no steps have been taken in this regard so far.
In an affidavit filed in response to PILs on the issue, the ASI said 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 guardianship of Delhi Waqf Board, the ASI has been undertaking conservation and preservation work there.
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A bench headed by Justice Prathiba M Singh orally said it was not inclined to declare Jama Masjid a “protected monument” in view of the stand of the ASI and ordered the petitioners to file their notes with respect to the steps that should be taken for the protection of the historic structure.
“They (ASI) are saying there is a hesitation. There is an impact of declaring it a protected monument,” the court observed.
The bench, also comprising Justice Amit Sharma, nonetheless added that it would look into the issue of streamlining the administration of the mosque.
The high court was hearing PILs that sought directions to authorities to declare the Jama Masjid a protected monument and remove all encroachments in and around it.
The PILs, filed by Suhail Ahmed Khan and Ajay Gautam in 2014, have objected to the use of the title ‘Shahi Imam’ by Jama Masjid’s Imam Maulana Syed Ahmed Bukhari and appointment of his son as the Naib (deputy) Imam.
The pleas have also questioned why Jama Masjid was not under the ASI.
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The ASI had in August 2015 told the court that former prime minister Manmohan Singh had assured the Shahi Imam that the Jama Masjid would not be declared a protected monument.
The matter would be heard next in December.
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