Supreme Court orders CBI to probe why Centre, ASI backtracked from protecting Shaikh Ali Gumti

New Delhi: The Supreme Court has ordered the CBI to conduct a preliminary enquiry into why the Centre and the Archeological Survey of India retracted on declaring a Lodhi-era octagonal domed structure, Shaikh Ali Gumti, in the posh Defence Colony in New Delhi, as a protected monument.

The structure has remained occupied allegedly by the Defence Colony Residents Welfare Association since 1963-64 to run its office.

"We are surprised at the turn of events," a bench of Justices Ahsanuddin Amanullah and Ujjal Bhuyan said, after noting that in 2004 there was a move to develop it as a centrally-protected monument but subsequently in 2008, Secretary, Ministry of Culture said it was not possible to do so.

"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 added.

In its order on August 27, the court also asked the central agency to investigate how the place came to be occupied by the RWA and as do who made the alterations and changes over there.

It gave the CBI time to file a report within two weeks and fixed the matter for hearing on November 12, 2024.

Hearing a plea by Rajeev Suri, the bench noted in the year 2004, the competent body to recommend declaration of a structure as a monument of national importance viz ASI favoured doing so, based on the Superintending Archaeologist’s comments.

But later the ASI reported that as alterations had been made by the Defence Colony Welfare Association while occupying the structure, and the Gumti had lost its originality.

From the note accompanying the letter of February 15, 2008, addressed to the Superintending Archaeologist by the Director (Monuments), the court found it emerged that the Secretary, Culture had already previously noted “It however not be feasible for the ASI to protect it as a centrally protected monument.”

The court noted in 2004, the central government by a gazette notification expressed its intention under Section 4(1)2 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 to declare the Gumti to be of national importance.

However, in 2008, the central government decided against it.

Suri challenged the validity of the Delhi High Court's order of February 20, 2019, that dismissed his plea for protection of the 'Gumti'.

The court asked the CBI to probe how the Gumti came to be occupied by Defence Colony Residents Welfare Association to run its office since 1963-64.

It also asked the central agency to ascertain how and under what circumstances, the Central Government changed their stands when the Centre 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 (Defence Colony Welfare Association) and the sole objection submitted by it.