ORDER : I.A. Nos. 455 and 456 : 1. Let these I.As. be taken over by the learned amicus who may analyse the facts stated therein and place before us the points necessary for our determination. I.A. No. 453 : 2. Pursuant to our order dated 28.10.2006, a meeting has been held presided over by Mr. C. Babu Rajeev, Director General of Archaeological Survey of India (ASI). An affidavit affirmed by one Dr. D. Dayalan, Superintending Archaeologist, Agra Circle, ASI has been placed before us. Copies of the said affidavit has been served upon the learned amicus Mr. Krishan Mahajan as also upon Mr. M.C. Mehta. They submit that some alternative land sites/structures are available for continuation of the facilitation centers outside the Taj Complex. 3. Mr. Goolam E. Vahanvati, learned Solicitor General, appearing on behalf of the Archaeological Survey of India very fairly states that if a suggestion to that effect is made the same shall be considered by ASI. 4. Keeping in view the importance of the question involved, we are of the opinion that members of the Monitoring Committee shall visit Taj Complex, Agra, on any date suitable to them and submit a report to this Court. In the event it is found that any land site/structure is not available for starting facilitation centers, some alternatives thereto may also be suggested. An advance copy of the said suggestion should be furnished to the learned Solicitor General in order to enable him to place the view points of the ASI before us so that this Court may pass a complete and effective order in this behalf. 5. We are assured that no construction/breaking up of any wall would be carried out without the express leave of this Court. 6. By an order dated 21.11.2001 this Court relying on or on the basis of a news item appearing in the Hindustan Times, issued certain directions by drawing up a contingency plan, whereby inter alia it was directed : "The above contingency Plan will come into action when information is received either from Archaeological Survey of India or from other sources about the proposed agitation/procession or sudden influx of visitors to the monument, which may result in vandalism or damage to the monument. Dy. Supdt. of local intelligence unit will also activate L.T.U. Personnel to gather advance intelligence for this purpose. Addl. Supdt.
Dy. Supdt. of local intelligence unit will also activate L.T.U. Personnel to gather advance intelligence for this purpose. Addl. Supdt. of Police (City) Agra will be responsible for implementation of the above Contingency Plan. He will ensure that Contingency Plan is executed properly and well in time. Under no circumstances unruly crowd should be allowed to gather near or inside the Taj Mahal. Addl. Supdt. of Police (City) Agra will be responsible for proper rehearsal of this Contingency Plan and he will also co-ordinate with Archaeological Survey of India and Addl. District Magistrate (City) Agra to ensure smooth implementation of the above scheme. The concerned authorities are directed to implement the same at the earliest. The Superintendent of Police of Agra City is directed to ensure that in no circumstances unruly crowd be permitted to enter the Taj premises or gather near about." 7. Despite said order, this Court again had to take notice of similar. A control room functions in Taj Mahal through which CISF, District Police and District Magistrate along with other Executive Magistrates are connected. CISF has VHF connectivity through which it remains in touch with City Control Room, Police Barriers, Police Station Taj Ganj, Police Out Pots Taj Mahal. Under Chapter 11 of the Security Scheme special stress has been given on control and regulation of crowed which includes political rallies and festivals etc. The contingency scheme (chapter-12) specifically deals with unidentified persons attempting to force entry or scale the boundary of Taj Mahal and other unwarranted attempts to threaten the security of Taj Mahal. Outside Taj Mahal (within periphery of 500 mtrs.) 7 barriers equipped with armed police, dragon lights, wireless sets and other equipments have been placed to regulate any sudden influx. Sufficient numbers of fire extinguisher have been installed inside Taj Mahal campus to handle any contingency. There is arrangement of Door Frame Metal Detectors (DFMD) to detect if any objectionable material being carried with the visitors. All the three entry points to Taj Mahal have detailed arrangement of frisking and physical checking of visitors. There are female CISF personnel to frisk lady visitors. The State Government has sanctioned 756 additional police personnel for Taj Mahal. The Director General of Police have been authorised to recruit additional police personnel. Police Head Quarter has already started recruiting additional police personnel.
There are female CISF personnel to frisk lady visitors. The State Government has sanctioned 756 additional police personnel for Taj Mahal. The Director General of Police have been authorised to recruit additional police personnel. Police Head Quarter has already started recruiting additional police personnel. (Annexure 1 and 2) Meanwhile the Director General of Police has shifted additional police force to Taj Mahal from existing resources. One additional company of PAC has been deployed to strengthen existing security arrangement. This unit is specifically meant for dealing with contingencies. 8. On a perusal of the said affidavit, however, it appears that in effect and substance the same deals with the aspects of the inside security of the Taj Mahal but the U.P. Police is principally concerned with providing of the external security at the Taj Complex. If this Court had to draw a Contingency Plan having regard to the news item that appeared in the Hindustan Times on November 21, 2001, we fail to understand as to how a similar situation was allowed to take place on 6th August, 2006. In this connection we may also place on record the order dated 28.8.2006 passed by this Court, which is in the following terms : "A proposal has been mooted at the Bar that if some land can be allotted by the Agra Development Authority beyond/around the periphery of 500 mts. which can be utilised by the CISF personnel as a Checking Counter-cum- Facilitation Center, much of the problems which are being faced today in regard to security of the monument may not occur in future. We, therefore, direct that on 2.9.2006 the Superintendent of ASI, a high ranking officer of CISF, the Vice-Chairman of Agra Development Authority as also the Commissioner of Agra Division shall meet in the Chambers of Chairman, Agra Development Authority for taking an appropriate decision in the matter. In the said meeting, location of the vendors shall also be discussed and resolved apart from the question of installing the Counter-cum-Facilitation Center. In this connection the said authorities or the officers nominated by them shall visit the spot and select a vacant place which may be available for the aforementioned purpose.
In the said meeting, location of the vendors shall also be discussed and resolved apart from the question of installing the Counter-cum-Facilitation Center. In this connection the said authorities or the officers nominated by them shall visit the spot and select a vacant place which may be available for the aforementioned purpose. A suitable plan may also be prepared by the officers of the Agra Development Authority, in the event a suitable place is found out as an outcome of the said meeting and visit to the spot by the officers concerned, be arranged so that necessary directions can be issued by this Court for allotment of the said land by the Agra Development Authority in favour of the ASI. We also direct the authorities of the ASI to consider the desirability of issuing the tickets of entering into the monument to limited number of visitors for a limited duration." 9. In this view of the matter we direct the Secretary, Home Department, State of U.P. to affirm a further affidavit stating as to what other or further steps are proposed to be taken to tackle such an extraordinary contingency, particularly on the following occasions : (i) Ram Barat after Dussehra (ii) Zaireen returning from Ajmer Sareef prayers (iii) Urs around August (iv) Rallies (v) Clubbing of National holidays with weekends (vi) December 20 to January 5 - Peak Tourist Season. 10. Let such an affidavit be filed within three weeks, an advance copy whereof may be served upon the learned amicus curiae Mr. Krishan Mahajan, so that by the next date fixed the response thereto may also be given by him. S.L.P.(C) No...CC 12071/2005 11. We request the learned amicus to take note of the contents of this SLP and make submissions thereon on the next date of hearing. 12. Put up after four weeks.