"Publicity Interest Litigation" : Supreme Court Dismisses Plea To Ascertain "Real History" Of Taj Mahal

According to petitioner Dr.Rajneesh Singh, though it has been stated that the Taj Mahal was built by Mughal emperor Shahjahan for his wife Mumtaz Mahal for over a period of 22 years from 1631 to 1653, there is no scientific evidence to prove the same.

The petitioner has approached the Supreme Court against the May 12 order of the Allahabad High Court which dismissed his plea on the ground that the issues were not judicially determinable.

As per the petition filed through Advocate Sameer Shrivastava, the NCERT replied to him in an RTI query that there was no primary source available regarding Taj Mahal being built by Shah Jahan. The petitioner filed another RTI with the Archaeological Survey of India but no satisfactory reply was received.

Before the High Court, the petitioner had also sought directions to open the 22 sealed rooms in Taj Mahal for study and inspection. He had also challenged the declaration of the monuments built by "Mughal invaders" as historical monuments under the The Ancient and Historical Monuments And Archaeological Sites and Remains (Declaration of National Importance) Act, 1951. However, in the SLP filed before the Supreme Court, the petitioner stated that he is only pressing his first prayer - the one seeking fact finding committee to study the "real history" of Taj Mahal.

The petitioner submitted the ASI is not in a position to tell the exact history of the Taj Mahal which is a world heritage site.

"It is a trite law that right to information is one of the facet of Fundamental Right under Article 19(1)(a) of the Constitution of India and if the information is given without any scientific reasoning or any evidence then the same is against the fundamental right under Article 19(1)(a) of the Constitution of India", the plea stated.

Case Title :Dr. Rajneesh Singh vs Union of India and Ors.