Supreme Court Asks CBI To Enquire Why ASI & Centre Backtracked On Protection For Shaikh Ali Gumti In Delhi's Defence Colony

The Supreme Court on Tuesday (August 27) directed the Central Bureau of Investigation(CBI) to initiate a preliminary enquiry into the decision of the Archeaological Survey of India(AS) and the Central Government not to protect the Shaikh Ali 'Gumti', in Defence Colony, New Delhi, based on sole objection by Defence Colony Welfare Association (DCWA).

“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?”, the Court questioned.

A bench of Justice Ahsanuddin Amanullah and Justice Ujjal Bhuyan questioned the ASI's and the Central Government's bonafides, noting a change in their stance regarding declaring the Gumti as a monument of national importance.

Initially, the Archaeological Survey of India (ASI) had recommended declaring the Gumti a protected monument, but this recommendation was later retracted, citing the modifications made by the DCWA, who has been using the structure as its office.

“We are surprised at the turn of events. In the year 2004, the competent body to recommend declaration of a structure as a monument of national importance viz. ASI favoured so doing, based on the Superintending Archaeologist's comments supra, but later the ASI reports that as alterations had been made by the DCWA while occupying the structure, the Gumti had lost its originality…This creates doubt on the bona fides of the ASI as also the Central Government, insofar as proper processing of the original proposal is concerned”, the Court observed.

The Court was dealing with a petition filed by an individual named Rajeev Suri seeking the protection of the Gumti under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR Act).

The Supreme Court in its order dated April 16, 2024, recorded Additional Solicitor General Aishwarya Bhati's submission that the structure had never been officially allotted to the DCWA and the possibility of reclaiming the property was under consideration.

The Supreme Court on Tuesday directed the CBI to investigate the following aspects:

1. The circumstances under which the Gumti came to be occupied by the DCWA.

2. The reasons for the change in the ASI and Central Government's stance based on sole objection by DCWA, given their initial recommendation to protect the monument.

3. The authority under which the alterations and additions were made to the Gumti.

4. The failure of relevant authorities to prevent modifications to the Gumti.

The Court has impleaded the CBI as a respondent and ordered the Registry to amend the memo of parties accordingly. The CBI is required to consider the petitioner's views during the preliminary enquiry and submit a report on the progress of the investigation within two months.

The Court also reiterated its earlier order dated March 12, 2024, which prohibits any alterations to the Gumti until further orders, warning that any deviation would result in serious consequences.

“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 12.03.2024, 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 Court stated.

The Supreme Court scheduled the matter for further hearing on November 12, 2024.

Background

On February 9, 2004, the Central Government, through a Gazette Notification, expressed its intention to declare the Gumti a monument of national importance. Objections were invited from the public within two months. The DCWA filed its objections on April 7, 2004, which were forwarded to the Director General of the ASI.

On June 29, 2004, the Superintending Archaeologist of the ASI's Delhi Circle acknowledged the objections and noted that the Gumti had undergone alterations that affected its original structure. A series of communications within the ASI ensued, and by 2008, the Central Government decided against declaring the Gumti a monument of national importance due to these alterations.

The petitioner originally approached the Delhi High Court seeking the protection of the Gumti. The petitioner sought a direction from the HC to declare the Gumti a monument of national importance under the AMASR Act.

The HC on February 20, 2019 dismissed the petition, stating that the monument had lost its originality due to unauthorized alterations and additions made by the DCWA, which had been using the structure as its office since 1963-64. Thus, the petitioner filed the present SLP before the Supreme Court.

Case no. – Special Leave to Appeal (C) No.12213/2019

Case Title – Rajeev Suri v. Archaeological Survey of India & Ors.

Citation : 2024 LiveLaw (SC) 628