New Delhi: The Supreme Court expressed stern disapproval of the Defense Colony Residents Welfare Association (RWA) for unlawfully occupying the Lodi-era Gumti of Shaikh Ali in Delhi’s Defense Colony. Rebuking the RWA, the Supreme Court demanded, “How dare you occupy the Lodi-era Gumti tomb in Delhi?” The Court also criticized the Archaeological Survey of India (ASI) for failing to prevent the encroachment.

A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah presided over the case on Tuesday, following a previous order for a CBI investigation into how the historic monument fell under the RWA’s control. Justice Dhulia reprimanded the RWA’s actions, emphasizing the historical significance of the 700-year-old structure.

The court reviewed a status report from the CBI detailing its findings. The report confirmed that the octagonal tomb, built during the Lodi period over 500 years ago, is listed as a monument worthy of preservation by The Indian National Trust for Art and Cultural Heritage (INTACH). Despite this, the RWA had taken over the structure, installing false ceilings, furniture, and windows, violating ASI’s preservation mandate.

The bench sharply criticized ASI for its apparent negligence, with Justice Amanullah remarking, “Enough of these excuses! Are local authorities supposed to act like this?” Justice Dhulia added, “ASI has gone against its mandate in allowing unauthorized modifications to this heritage site. How can such neglect be allowed for a historical structure?”

Further, Justice Dhulia expressed dismay when the RWA’s counsel argued that they had been present on the site for decades, noting, “What kind of argument is this? You are speaking as if you have the authority of colonial rulers.” He also dismissed the RWA’s concerns over anti-social elements occupying the area, comparing it to a colonial argument used to justify occupation.

Justice Amanullah commended the CBI for the thoroughness of its investigation and noted that all the Supreme Court’s initial concerns about unauthorized occupation were justified. He reminded the CBI counsel that the agency has full authority to demand responses from involved parties, emphasizing, “This is a serious issue; our apprehensions were correct.”

The court also appreciated petitioner Rajeev Suri, who filed the case pro bono, for highlighting this issue, saying, “You have done a great service by bringing this matter to our attention.” Suri, who resides in Defense Colony, shared that he had pursued the case out of a personal commitment to preserving historical sites.

Solicitor General Tushar Mehta remarked that “these are not ordinary criminals,” acknowledging the gravity of the case.

The court has instructed CBI to conduct a full probe into how RWA gained access to the tomb and investigate ASI’s and the Central Government’s roles in allowing unauthorized modifications. CBI is expected to submit a detailed report within six weeks, and the matter is scheduled for the next hearing on January 21, 2025.

In the interim, the Supreme Court has ordered all parties to refrain from making any further alterations to the Gumti. The court also considered appointing an expert to assess the damage and suggest restoration measures, emphasizing the need to preserve this heritage site for future generations.

For report in Urdu, click here