The Supreme Court of India on Tuesday, sharply criticized the Defence Colony Welfare Association and the Archaeological Survey of India for their involvement in the illegal occupation of the 700-year-old Gumti tomb in Delhi, dating back to the Lodi period.
The Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah expressed outrage after examining a status report filed by the Central Bureau of Investigation (CBI).
The court scolded DCWA for its audacity in occupying the tomb and questioned how the ASI could allow such actions. Justice Dhulia angrily asked, “How dare you enter this? How dare you?” when the DCWA counsel cited their long-standing presence at the site.
The court condemned this as an unacceptable argument and vowed to take strict action, with Justice Amanullah declaring that they would evict the association from the site if necessary.
The court also rebuked the ASI for failing to prevent the occupation of the tomb, pointing out that the structure had been modified with false ceilings, furniture, and electric fans.
“How could ASI do a volte-face just because electricity is connected?” Justice Amanullah remarked. “We are shocked that local authorities would allow this. Is this how they act?” Justice Dhulia added, criticizing the ASI for neglecting its duty to protect the monument.
The court went further, questioning the ASI’s failure to intervene when such alterations were made to a historic tomb. “How can you allow this to happen to a 700-year-old Lodi-era tomb?” Justice Dhulia demanded. The court appointed an expert to assess the extent of the damage and recommend restoration measures.
The expert is to submit their report within six weeks, and the court will reconvene to review the findings on January 21, 2025.
The court commended the CBI and petitioner Rajeev Suri for their efforts in exposing the encroachment. The case involves a plea for the preservation of the Gumti tomb, which lies near Defence Colony in Delhi. The National Mission on Monuments and Antiquities identifies the structure as an octagonal tomb from the Lodi era, more than 500 years old.
The matter gained attention when it was revealed that the Delhi High Court had earlier rejected a petition to declare the tomb a monument of national importance.
The Supreme Court has previously issued orders to maintain the status quo and directed the CBI to conduct a preliminary investigation into the illegal occupation. During the hearing on Tuesday, the Court expressed approval of the CBI’s report, highlighting the neglect and illegal occupation of the monument by DCWA. It was also revealed that the Centre and ASI had backtracked from their earlier position of protecting the structure, which had raised concerns about the lack of preventive measures against encroachment.
Rajeev Suri, the petitioner who has been fighting the case pro bono, expressed his frustrations with the authorities’ inaction. He shared his background as a history enthusiast and a resident of Defence Colony, noting that his efforts had been criticized by some, even as he worked to protect the monument.
The Court applauded Suri’s perseverance in seeking justice, with Justices Dhulia and Amanullah acknowledging the importance of safeguarding the nation’s heritage.
As the legal battle continues, the Court’s remarks underscore the urgency of preserving historical sites and holding accountable those who allow their illegal occupation.
