Supreme Court asks CBI to probe how Defence Colony RWA occupied Lodi-era Gumti tomb

The Supreme Court recently directed the Central Bureau of Investigation (CBI) to conduct a preliminary enquiry to find out how the Gumti of Shaikh Ali at Defence Colony in Delhi came to be occupied by Defence Colony Welfare Association (DCWA) [Rajeev Suri v Archaeological Survey of India and Ors]..A Bench of Justice Ahsanuddin Amanullah and Justice Ujjal Bhuyan also directed the CBI to examine how and under what circumstances the Centre and Archaeological Survey of India (ASI) had backtracked from their earlier stance of declaring the structure a protected monument.The Court further asked the central agency to probe the additions or alterations made to the Gumti and find out why the authorities had not taken any preventive action."How and under what circumstances, when the Central Government 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 and the sole objection submitted by it, both ASI and the Central Government changed their stands?," the Court said..The top court passed the directions while hearing a plea seeking directions for protection and preservation of the tomb located next to Defence Colony market.As per the National Mission on Monuments and Antiquities, the Gumti is an octagonal tomb which was built during the Lodi period more than 500 years back.The Delhi High Court had earlier refused to entertain the plea seeking to declare the tomb as a monument of national importance. The High Court had accepted the Centre's stand that the structure had been altered by the local residents over time and has lost its originality. However, the top court issued notice in July 2019 on the petition challenging the High Court decision, and later passed a status quo order in March this year..The plea before the top court said that the national capital's civic body had been trying to construct multi-level car parking and shopping plaza on the open land around the tomb.The counsel for the ASI and Union governments in April this year told the top court that the structure was never allotted to the DCWA.On August 27, the Court examined the case record and found that the Centre in 2004 had planned to declare the Gumti as a monument of national importance. Since DCWA had objected to the proposal, the matter was then forwarded to the Director General of ASI. The Superintending Archaeologist examined the DCWA's objections and forwarded its comments to the Director General."The comments offered by the Superintending Archaeologist lead nowhere – 2 points from the DCWA’s objections are noted and it is stated that the Gumti has been in the DCWA’s occupation and additions/alterations have been made over time, which may be considered before issuing the confirmatory notification under the Act. Thereafter begins a long chain of correspondence intra-ASI, which we have perused," the Court noted..The Court found that the ASI and Centre in 2008 decided that the Gumti could not be declared as a monument of national importance as major alterations had been made to it by the DCWA, which had been using it as an office.However, the Court expressed surprise over the turn of events. "From the note accompanying the letter dated 15.02.2008 addressed to the Superintending Archaeologist by the Director (Monuments), it emerges that the Secretary, Culture had already previously noted “It however not be feasible for the ASI to protect it as a centrally protected monument.” (sic) 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," it said.Accordingly, the Court directed the CBI to initiate a preliminary enquiry into the entire case and asked the central agency to file a progress report within two months. The matter will next be taken up on November 12..The Court also clarified that the authorities concerned in the meantime can take all steps to protect the tomb."Needless to state, if in the interregnum, the official respondents concerned so desire, they will be at liberty to take steps to protect the Gumti, in accordance with law. However, in terms of Order dated 12.03.2024, no change in any manner whatsoever in the Gumti shall be made by any person/body till further orders. Any deviation in this regard shall entail serious consequences," the order said..The petitioner Rajeev Suri, appeared in-person.Senior Advocate Shikhil Shiv Suri and advocate TRB Sivakumar represented him.Additional Solicitor General Aishwarya Bhati with advocates Amrish Kumar and Shreekant Neelappa Terdal appeared for the Union government, the ASI and the Land & Development Office.Advocates Rakesh Sinha, Arvind Gupta, Ghulam Akbar, Jeemon Raju K, Shruti Shashi and Sushant Shekhar appeared for the DCWA..[Read Order]