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Give documents on not declaring Jama Masjid as protected: Delhi High Court

It was also informed that as Jama Masjid was not a centrally-protected monument, it does not fall within the purview of the ASI.

Give documents on not declaring Jama Masjid as protected: Delhi High Court Pic Courtesy: PTI

New Delhi: The Delhi High Court has asked the Centre to place before it documents regarding its decision that the historic Mughal-era Jama Masjid here should not be declared a protected monument.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar noted that in 2005 too, the Ministry of Culture was asked by the court to produce the record.

"Our attention is drawn to the order of April 27, 2005...requiring the Ministry of Culture to produce the record."

"The Ministry of Culture shall produce the file in court with regard to the subject wherein decision was taken not to declare the Jama Masjid as a protected monument," the court said and listed the matter for November 16.

The Archaelogical Survey of India (ASI) had in August 2015 told the court that former Prime Minister Manmohan Singh had assured the Shahi Imam that the Jama Masjid would not be declared a protected monument.

It was also informed that as Jama Masjid was not a centrally-protected monument, it does not fall within the purview of the ASI.

"In 2004, the issue of notifying the Jama Masjid as a centrally-protected monument was raised. However, former Prime Minister Manmohan Singh assured Shahi Imam, vide his October 20, 2004 letter that the Jama Masjid would not be declared as centrally-protected monument," ASI had said in their affidavit filed before the court.

It had filed a counter affidavit on PILs that sought directions to authorities to declare the mosque a protected monument and remove all encroachments in and around it.

The PILs, filed by Suhail Ahmed Khan, Ajay Gautam and advocate V K Anand, has said that Jama Masjid was a property of Delhi Wakf Board and Syed Ahmed Bukhari as its employee cannot appoint his son as the Naib (deputy) Imam.

They had also sought a CBI probe into the mosque's management.