The Delhi High Court has ordered the Archaeological Survey of India to carry out an inspection of the Jama Masjid that lies in Old Delhi which is currently managed by the Delhi Waqf Board under the Protection of Waqf Act of 1995.
and which currently lies under the Delhi Waqf Board. A bench comprising Justice Prathiba M. Singh and Amit Sharma ordered the ASI to provide any existing sketches or plans of the mosque and to clarify its current usage. The court also inquired about the management of revenue and donations collected by the mosque and requested a status report within four weeks.
Additionally, the bench directed the Delhi Waqf Board to inform the court about any changes in the managing committee of Jama Masjid. The board was asked to submit proposals for the preservation and protection of the mosque and its surrounding area. The court has scheduled the next hearing for December 11 and has requested the state government to file a status report within the same timeframe.
It must be noted that in 2014, Suhail Ahmed Khan filed a public interest litigations (PILs) challenging the use of the title ‘Shahi Imam’ by Maulana Syed Ahmed Bukhari, the Imam of Jama Masjid, as well as the appointment of his son as the Naib (deputy) Imam. The petitions also raised concerns about why Jama Masjid is not under the jurisdiction of the Archaeological Survey of India (ASI) but under Delhi Waqf Board. The petitions also urged the court for the removal of encroachments around the Jama Masjid mosque.
The Archaeological Survey of India (ASI), represented by central government standing counsel Manish Mohan, stated in an affidavit that it has invested over ₹60 lakh in conservation work at Jama Masjid since 2007. The affidavit also noted that, as Jama Masjid is not classified as a “protected monument,” the ASI lacks information regarding its revenue generation and utilization.
The affidavit also mentioned that declaring Jama Masjid as a protected monument would have substantial impact. “A 100-meter prohibited area around the mosque would apply, disallowing any new construction. Additionally, all construction activities within the 200-meter regulated zone beyond the prohibited area would require prior approval from the Competent Authority and National Monuments Authority.”, the ASI document stated.
Furthermore, standing counsel representing the Centre, disclosed that the “original file,” containing the decision by then-Prime Minister Manmohan Singh to exclude Jama Masjid from protected status. It also came out that former prime minister Manmohan Singh had assured the Shahi Imam that the Jama Masjid would not be declared a protected monument.
The Delhi High court for now has postponed the case until the 11th of December, with the ASI and government both expected to provide status reports within four weeks.
Baseless claims and illegal encroachment has been the modus operandi of Waqf Board across India. Starting from Parliament to the airport in the national capital, rare are places which are not yet claimed by the Waqf. Waqf have been eyeing upon the ASI for long.Recently the Karnataka Waqf Board has claimed ownership of 53 historic monuments across the state which comes under ASI, including Gol Gumbaz, Ibrahim Rauza, Bara Kaman in Vijayapura, and various forts in Bidar and Kalaburagi.
