The Supreme Court has tasked the Central Bureau of Investigation (CBI) with uncovering the circumstances surrounding the occupation of the Gumti of Shaikh Ali, a 500-year-old Lodi-era tomb located in Delhi’s Defence Colony, by the Defence Colony Welfare Association (DCWA). This directive follows concerns over how the tomb, once earmarked as a protected monument by the Archaeological Survey of India (ASI), fell under the control of the DCWA.
A Bench comprising Justices Ahsanuddin Amanullah and Ujjal Bhuyan has asked the CBI to investigate why the ASI and the Central Government reversed their decision to declare the Gumti a protected monument. The investigation will also cover any unauthorized modifications to the structure and examine the reasons behind the authorities’ inaction.
The court’s directive stems from a plea advocating for the preservation of the tomb, which is situated near Defence Colony market. The historical significance of the Gumti, built during the Lodi period, contrasts sharply with its current status. Despite being altered by local residents over time, the tomb had been on track for recognition as a national monument, a plan that was unexpectedly abandoned in 2008 following objections from the DCWA.
The Supreme Court expressed surprise at this reversal, questioning the legitimacy of the ASI and the Central Government’s actions. The Court noted that the Secretary of Culture had previously indicated it might not be feasible for the ASI to protect the structure, casting doubt on the decision-making process.
In light of these concerns, the Court has ordered the CBI to conduct a preliminary inquiry and submit a progress report within two months. Meanwhile, the Court has also granted the authorities the liberty to take necessary steps to protect the Gumti, with strict instructions that no further changes be made to the tomb until further notice.
The petitioner, Rajeev Suri, appeared in person, while the Union government, ASI, and DCWA were represented by their respective legal teams. The case is scheduled for further hearing on November 12.
