Madras HC Directs ASI To Send samples Of Antique Quran To Oxford To Determine Its Age

The division bench of Justices N. Kirubakaran and P. Velmurugan said,

"there cannot be any damage of the Quran and even samples could be taken from the blank paper in the handwritten Arabic Holy Quran and that will not damage the antique.

The Holy Quran is in possession of the 1st respondent and his intention is only to know the age of the Quran and therefore, there is nothing wrong in sending the samples as prayed for by the 1st respondent and as granted by the learned single Judge to the laboratories in Oxford University and Lucknow."

The order was passed in an appeal preferred by the Archaeological Survey of India against the order of a single Judge who permitted the parties to take samples from the handwritten Holy Quran possessed by the private Respondent, A. M. S. Ameenullah and to send the same to the United Kingdom for testing and to get a report about the age and other details of the antique.

ASI assailed the order stating that the Quran in question was an antique as per Section 24 of the Antiquities and Art Treasures Act, 1972 and that it was not possible to take samples from it without damaging it. It said,

"If the antique is destroyed or damaged, penalty leviable under Section 30 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. If any sample is taken, it will damage or destroy the Holy Quran. In that event, it will amount to destroying the antique."

The Private Respondent on the other hand contested the appeal stating that a mere sample, measuring dimensions of height 2 cm width 1.5 cm from the book will not destroy it. Rather, he would only take a blank paper left in the book so as to avoid any damage to it. He further submitted that it was important to send a sample to the UK as there were no proper lab facilities available in India, as admitted by the Birbal Sahni Institute of Palaeo Sciences via email.

Agreeing with the aforesaid, the court held,

"…the lab facilities available are not advanced as compared to foreign countries as evident from the email dated 25.07.2015 sent by Birbal Sahni Institute of Palaeo Sciences. Hence samples have to be sent to Oxford University.

xxx

The appellants are directed to take samples properly and give it to the 1st respondent/writ petitioner within a period of three weeks from the date of receipt of a copy of this order. On receipt of the same, the 1st respondent shall send one sample to the Research Laboratory for Archeology, University of Oxford and another sample to the Director, Birbal Sahni Institute of Palaeo Sciences, 53, University Road, Lucknow for carbon dating and testing, within a period of two weeks from the date of receiving the samples."

The ASI was represented by ASG G. Karthikeyan, the Private Respondent by Advocate P. L. Narayanan and the Union of India by ASG G. Rajagopalan.