Chhatrapati Shivaji, Delhi HC
The Delhi High Court on Wednesday directed the Archaeological Survey of India (ASI) to expeditiously consider a request for permission to conduct a cultural programme at the Agra Fort to celebrate Chhatrapati Shivaji Maharaj’s birth anniversary on February 19 if the Maharashtra government agrees to co-organise the event [RR Patil Foundation v ASI].
Justice Prathiba M Singh passed the order in a plea by a non-governmental organisation (NGO) challenging the ASI’s refusal to allow the programme.
“It is deemed appropriate to direct that if the State of Maharashtra wishes to co-organise the event, they may move a letter to the ASI which may be considered expeditiously,” the Court ordered.
The direction was passed on considering the petitioners’ stand that they had approached the State of Maharashtra to co-organise the event, and this request was under consideration.
The Court was hearing a petition filed by the NGO, RR Patil Foundation challenging an order of the ASI.
In its plea, the petitioner foundation submitted that the ASI did not give any reasons for its order and simply rejected the application, even though the petitioners requested consideration through various modes and letters.
In fact, even the Chief Minister of Maharashtra also wrote a communication to the benefit of the petitioners, it was highlighted.
The plea underscored that the ASI rejection affects the petitioners’ fundamental rights under Article 19 of the Constitution, which deals with the freedom to organise events to promote and promulgate heritage and social values of national figures and icons anywhere in the country.
Therefore, the petitioners urged the High Court to direct the ASI to allow the petitioner foundation to organise the cultural programme at Agra Fort on February 19.
During the previous hearing, Senior Advocate Rajshekhar Rao told the court that their request was denied by the ASI by a one-line order without giving any reasons.
However, the counsel appearing for the ASI stated that permission was being sought not for a State function but an event organised by a private NGO.
Granting permission to NGOs would lead to ASI being flooded with such requests, it was submitted.
The counsel for ASI, however, said that if the petitioners come through a government body, the function can be allowed.
The Court had, therefore, asked Rao to obtain instructions in the matter and see if the Maharashtra government can be involved in the event.
