The Supreme Court expressed sharp disapproval on Tuesday regarding the Defense Colony Welfare Association’s (DCWA) unauthorized use of the historic Lodi-era Gumti of Shaikh Ali. The tomb, situated in Delhi’s Defense Colony, was the center of controversy as the court lambasted the Archaeological Survey of India (ASI) for its failure to protect the site from encroachment.
During the proceedings, Justices Sudhanshu Dhulia and Ahsanuddin Amanullah reviewed a Central Bureau of Investigation (CBI) report, revealing the depth of the unauthorized modifications to the tomb, which included the installation of false ceilings, electric fans, and furniture. Justice Dhulia’s exclamation, “How dare you enter this? How dare you,” underscored the court’s shock at the extent of the violation.
The bench was particularly incensed by arguments from the DCWA counsel, who suggested that their presence prevented “anti-social elements” from taking over the site, a claim the justices scorned as reminiscent of colonial attitudes. “You are speaking like colonial rulers you know. Like ‘if we didn’t come to India, what would have happened,'” remarked Justice Dhulia, emphasizing the unacceptable nature of the justification offered by the RWA.
The ASI’s role was also heavily criticized, with Justice Amanullah noting, “And how the ASI did a volte face only because an electricity connection is there? Enough of these hanky panky things. We are going to haul people up!” The court expressed dismay at the ASI’s failure to adhere to its mandate to protect a site of such historical importance.
In response to these findings, the Supreme Court has appointed an expert to assess the damage and recommend steps for the tomb’s restoration, ordering a report to be submitted within six weeks. The hearing is set to continue on January 21, 2025.
The Gumti of Shaikh Ali is an octagonal tomb dating back over 500 years to the Lodi period, a significant reminder of India’s rich historical heritage. The controversy began when it was revealed that the tomb was being used by the DCWA without appropriate authority, leading to the current legal challenge initiated by petitioner Rajeev Suri, who has been vocal about the preservation of the site.
