The Archaeological Survey of India (ASI) told the Delhi High Court on Wednesday that making the historic Jama Masjid a "protected monument" would have a substantial impact,’ and nothing has been done about it yet. This statement was given in response to legal cases (PILs) asking the court to declare Jama Masjid as a protected site and to remove the buildings and other structures around it that are seen as illegal or unwanted.
ASI raises concerns over protection
The ASI explained in a document given to the court that if a monument is declared "protected," certain rules and limits are applied. These rules include a ban on any new building within 100 meters of the monument and strict control over building activities within 200 meters beyond that. These restrictions could affect the areas around Jama Masjid, which is currently managed by the Delhi Waqf Board.
The ASI also said that even though the Jama Masjid is not officially a protected site, they have been doing repair and preservation work there. They told the court that they have spent more than ₹60 lakh on these repairs since 2007. However, since Jama Masjid is not a protected monument, the ASI doesn’t know how much money the mosque makes or how that money is used by the mosque authorities.
A group of judges, led by Justice Prathiba M Singh, noticed that the ASI seemed unsure about making Jama Masjid a protected monument. The court said that while it is not ready to declare the mosque as protected right now, it will still look into how the management of the mosque can be improved.
"Even if it is not treated as a protected monument, its revenue cannot exclusively go to any private individual," the court observed, indicating that some form of reimbursement could be provided to the ASI for the work it has already done in maintaining the structure.
Justice Singh asked the people who filed the case to give their ideas on how to protect and take care of the mosque. The Delhi Waqf Board was also told to share an update about the nine-member committee that was chosen earlier to manage the Jama Masjid.
Protection of history and use of money
The ASI informed the court that an important government file that contained the decision made by former Prime Minister Manmohan Singh stating that Jama Masjid would not be declared a protected monument could not be found. This decision was made to avoid subjecting the mosque to the various restrictions that would come into effect if it were placed under ASI’s protection.
Senior Advocate DP Singh, speaking for one of the people who filed the case, raised concerns about how the money made by the mosque is used. He said it should be clearer and more open. The court agreed that transparency is important, but it said its main concern is making sure the public benefits rather than focusing on religious titles or individual roles.
One of the people who filed the case did not agree with the religious leader of Jama Masjid using the title "Shahi Imam" and also questioned the appointment of his son as the deputy Imam. However, the court made it clear that it doesn't care about the titles. Instead, it is focused on how the mosque’s management benefits the people.
What are the future plans?
The court has planned the next hearing for December. During this time, the central government can share its thoughts on how to better manage the money made by Jama Masjid and how its management committee is working.
The ASI was told to do a survey of the mosque area and bring a drawing and photos to the next hearing. This will help the court get a clearer picture of how the mosque is laid out and what it looks like.
The Public Interest Litigations (PILs), which were first filed in 2014, have highlighted the ASI's role in taking care of Jama Masjid and asked why the mosque has not been made a protected monument. The Delhi High Court is still looking into this issue and is waiting for more information and suggestions.