Protected monument? Delhi HC grants time to ASI to conduct Jama Masjid survey

The Delhi High Court has granted more time to the Archaeological Survey of India to conduct an inspection of the Jama Masjid in the national capital and file a report. A bench comprising Justices Prathiba M Singh and Amit Sharma, while dealing with the PILs to declare the mosque a "protected monument", asked the ASI for the report at least a week before the next hearing on January 29, 2025.

"Let the survey/inspection as directed in the order dated October 23, 2024 be carried out and a report be filed at least one week before the next date of hearing with advance copies to all parties appearing in the matter," ordered the bench on December 11.

On October 23, the court asked the Archaeological Survey of India (ASI) along with the representatives of the Waqf board to conduct the inspection of the Jama Masjid and its vicinity.


It also sought a sketch along with a table outlining the purpose for which the Jama Masjid premises were being used.

On December 11, however, senior advocate Anil Soni, appearing for the ASI, sought more time to complete the exercise. While granting further time, the bench permitted one counsel on behalf of the petitioner to accompany the team during the inspection.

The PILs filed by Suhail Ahmed Khan and Ajay Gautam in 2014 raised questions over the Jama Masjid not coming under the purview of the ASI.

They objected to the use of the "Shahi Imam" title by Jama Masjid's Imam, Maulana Syed Ahmed Bukhari, and the appointment of his son as the naib (deputy) Imam.

In 2015, the ASI informed the court that former prime minister Manmohan Singh had assured the Shahi Imam that Jama Masjid would not be declared a protected monument.

In its latest affidavit, the ASI said declaring the historic Jama Masjid a "protected monument" would have a "substantial impact" and no steps had been taken in this regard so far.

It said once a structure was declared a protected monument, certain regulations and prohibitions in the area around it would come into force.

Although the Mughal-era Jama Masjid is currently under the protection and guardianship of Delhi Waqf Board, the ASI has been undertaking its conservation and preservation work.