New Delhi, Nov 12 (UNI) The Supreme Court on Tuesday lashed out at the Defence Colony Residents Welfare Association (RWA) for occupying the Lodi Era Gumti of Shaikh Ali at Defence Colony in Delhi.
The Court also slammed the Archaeological Survey of India for its failure to stop the occupation of the tomb.
A Bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was hearing a case after it had directed a CBI probe few months back into how tomb at Defence Colony in Delhi can be occupied by RWA.
Justice Amanullah told the CBI counsel, “ We appreciate the agency for how it started the probe and its status report.
But why are you saying that it is such a major organisation that you are powerless to get replies from them? You have all the powers.
Justice Amanullah said, “ It is a serious issue counsel. All our apprehensions were 100% correct. And how does the ASI do a volte-face only because the electricity connection is there?
Enough of these hanky panky things, we are going to haul people up! Because windows and tables and false ceilings have been put in, nothing can be done. What rubbish?! Is this how local authorities act? Can it be allowed? We are very shocked, the bench said.
Justice Dhulia said, “ASI has gone against its mandate! How can you allow this for a 700 year Lodi-era tomb?
Justice Amanullah asked, Do you understand repercussions? Don’t say we can’t do anything!
Justice Dhulia said, “How dare you (RWA) enter this?
Advocate for RWA said, “ We were there for decades.”
Justice Dhulia said, “What kind of argument is this?
Justice Amanullah said This cannot be allowed. We will evict you in open court if needed!
Advocate for RWA said, “ Then the anti-social elements will come!
Justice Dhulia said, “You are speaking like colonial rulers you know. If we didn’t come to India what to happen?
The Bench after examining a status report filed by the Central Bureau of Investigation (CBI), informed that Gumti was identified by The Indian National Trust for Art and Cultural Heritage (INTACH) as worthy of preservation.
Justice Dhulia to RWA. “ Itne saalo se aap log apni hukumat chalate ho vahan se? You could not pay any rent?
Advocate of RWA said, “ We can pay.”
Justice Dhulia asked to whom?
Advocate said, To Land and Development Organization (L&DO).
Justice Amanullah said, “ But you were never given possession of that plot of land! Separate land was given to you.”
The Judge said, “Authorities have been silent for 60 years. If it was a common man … We appreciate the petitioner doing this pro bono, going to High Court.
Justice Dhulia to petitioner in person Rajeev Suri, “Why are you doing it? Just asking. Are you a historian?
Suri replied, “I did study history, your honour. I stay in defence colony only and have been castigated for it.”
Justice Dhulia said, “You are fighting against your own shadow?
Advocate for other parties said, “ He fought against Central Vista and Indian Parliament also!”
Justice Amanullah said, “ Don’t do that. That is the beauty of India. No one can be castigated for these things.”
Justice Dhulia said, “Why would you (other counsel) do that? Yahan toh aapne (Suri) sahi kaam kia hain.
Advocate, “ Yes he is tenacious.”
Solicitor General (SG) Tushar Mehta said, But these are not ordinary criminals. Please note that.
Justice Sundresh said, Ok. We are passing orders.
The Supreme Court directed the Central Bureau of Investigation (CBI) to probe how the Defence Colony Welfare Association (DCWA) occupied the Gumti of Shaikh Ali in Defence Colony, New Delhi:
The Top Court also directed the CBI to investigate the decision of the Archaeological Survey of India (ASI) and the Central Government not to protect the Gumti.
The court had also asked the CBI to investigate who made changes to the place and why the RWA occupied it.
The court had earlier directed CBI to file their report in two weeks and fixed the matter for hearing today (November 12, 2024).
The Apext court had also ordered that no party make any changes to the Gumti until further orders.
Gumti is an octagonal tomb at Defence Colony, New Delhi which was built during the Lodi period more than 500 years back.
