The Supreme Court has directed the Archaeological Survey of India (ASI) to take charge of repairing and renovating two Muslim religious sites inside the Mehrauli Archaeological Park in Delhi, including the 13th-century Ashiq Allah Dargah (1317 AD) and Chillagah of Baba Farid.
The order came on Tuesday, 19th August, from a bench of Justice BV Nagarathna and Justice R Mahadevan, while hearing an appeal against a Delhi High Court ruling.
The appeal was made because there were concerns that these centuries-old monuments might be demolished by the Delhi Development Authority (DDA).
The DDA demolished a 600-year-old mosque, Masjid Akhonji, as well as Madrasa Bahrul Uloom and some graves in the same compound, earlier this year in January 2024.
The petitioners, who were spearheaded by Zameer Ahmed Jumlana, contended that it could be done to other monuments such as the 14th-century Ashiq Allah Dargah and Chillagah of Baba Farid. They insisted that these are ancient monuments under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958, albeit that they are not presently listed as “protected monuments.”
High court’s stand
The case first went to the Delhi High Court. However, the High Court refused to issue any clear order for the protection of these structures. The judges observed that the monuments did not appear ancient, partly because poor restoration work had covered the old walls with new tiles.
The High Court also took note of the government’s assurance that no protected or national monuments would be demolished. It said there had to be a balance between protecting heritage and removing illegal encroachments, so it disposed of the matter.
Advocate Nizam Pasha, representing the appellants, told the Supreme Court that according to a recent ASI report, the structures are indeed very old, dating back to the 12th or 13th century. Thus, he argued, this makes them historically important and clearly within ASI’s jurisdiction.
On the other hand, the DDA’s advocate Nitin Mishra submitted that the location formed part of a designated forest area. He explained their main concern, was the illegal constructions around these monuments. He added that if, in the future, there is ever a plan to remove any old structure, it would only be done with permission from the Religious Committee formed by the court.
Supreme Court’s decision
After hearing both sides, the Supreme Court agreed that the structures are ancient. It noted the ASI’s detailed report and ordered that the ASI must now take charge of their repair and renovation.
At the same time, the bench clarified that under the garb of seeking protection of the ancient monuments, unauthorised constructions cannot seek ASI’s protection.
In its order, the Court said: “We dispose of these appeals by observing that the ASI should take under its consideration the supervision of monuments in question, the matter of repair and renovation. With these observations, the appeal is disposed.”
