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2018 DIGILAW 798 (JK)

Valley Citizens Council v. State of J&K

2018-10-16

ALOK ARADHE, GITA MITTAL

body2018
JUDGMENT : Gita Mittal, J. The instant writ petition was filed in public interest by the petitioner seeking directions by this Court with regard to conservation and protection of heritage monuments. It was complained that condition of the SPS Museum in Kashmir is in pathetic condition and the artefacts it houses would not survive the threats of time. The writ petition also details several artefacts, including coins, which have gone missing. Specific complaint was made with regard to the 400 years old replica of the Holy Quran (believed to have been hand written by Mughal Emperor Aurangzeb with ink blended with gold and saffron), which is not traceable. In this background, the writ petitioner sought issuance of following directions:- “(a) Appropriate directions in the name of respondents to take recourse to all available scientific and other measures aimed at providing necessary protection and conservation of artefacts, monuments and excavation sites. (b) Appropriate directions in the name of respondents to seek return of all those valuable artefacts that have been displaced on one pretext or other. (c) Appropriate directions in the name of respondents to place on record the details of artefacts that are housed in SPS Museum and actual no. of artefacts that it used to house and a detailed report as to why artefacts etc. are missing. (d) Appropriate directions in the name of respondents to ascertain all sites of excavation and monuments and take measures for its protection and in case of excavation is done same be directed to be done under controlled conditions. Further to make all monuments across valley as protected sites in letter and spirit with steps for its renovation.” 2. With the intervention of this Court and the several orders which have been passed by this Court, the respondents have been persuaded to conduct detailed investigation with regard to the missing replica. A status report dated 01.08.2018 has been filed by the Central Bureau of Investigation, wherein it has been stated that the investigation into the FIR No.106/2003 regarding theft of the Holy Quran was inconclusive and the Central Bureau of Investigation has submitted a closure report before the Chief Judicial Magistrate, Srinagar. This report is pending consideration before this Court. 3. Several directions with regard to the authentication of the catalogues of coins of gold, silver, copper etc. have also been passed. This report is pending consideration before this Court. 3. Several directions with regard to the authentication of the catalogues of coins of gold, silver, copper etc. have also been passed. On 07.06.2017, this Court noted that the status report was filed by Mr. B. A. Dar, learned senior Additional Advocate General informing this Court that the Inventory/Documentation of artefacts along with the photographs of artefacts had been done under the Government of India’s sponsored scheme “National Mission for Monuments and Antiquities”. The report further indicates that the Indian National Trust for Art and Cultural Heritage (INTACH), J&K Chapter, was assigned the job of the documentation of the antiquities of the archaeology collection, textile collection, painting collection, jewellery collection and the arms and armory collection. Three sets of documentation stood printed, one of which was available in SPS Museum Library. The second set of this documentation has been destroyed during the floods of 2014. However, the third set of documentation was available with the Archaeological Survey of India. This Court had directed preparation of another copy, a soft copy of which was required to be filed before this Court. It is stated that hard copy as well as soft copy thereof have been filed on 21st August, 2017 before Registrar Judicial of this Court. The same be kept in custody of Registrar Judicial. 4. This Court on 07.06.2017 has also noted that the documentation of the gold, silver and copper coins was assigned to the Indian Institute of Research in Numismatics Studies Nasik, Maharashtra. The same order also noted that this job stood completed and 70,899 coins have been documented and the computerized data has been received by the Department of Archives, Archaeology and Museums. The printing of the catalogues was stated to be under process and more than four volumes of documentation have been completed. The same order also noted the status of excavation sites. The Department of Archives, Archaeology and Museums was stated to have conducted excavations at Kutbal, Anantnag (1st Century AD) and Lethpora, Pulwama (2nd Century AD). The other excavation sites in the State were stated to be under the administrative control of the Archaeological Survey of India as the monuments are of national importance. 5. The Court had taken on record the list of 21 protected monuments of Kashmir Division, which was given along with status report by Mr. B.A. Dar, learned Senior Additional Advocate General. The other excavation sites in the State were stated to be under the administrative control of the Archaeological Survey of India as the monuments are of national importance. 5. The Court had taken on record the list of 21 protected monuments of Kashmir Division, which was given along with status report by Mr. B.A. Dar, learned Senior Additional Advocate General. We have been informed by Mr. B.A. Dar, that the photographs of these 21 protected monuments have also been placed on record. 6. As per Mr. T.M. Shamsi, learned Assistant Solicitor General of India, the list of excavation sites in the State of Jammu and Kashmir, which are under the control of the Archaeological Survey of India has also been placed on record along with the photographs. 7. We may also take notice of status report dated 26.06.2018 confirming that the catalogues of Coins of Gold, Silver and Copper have been signed and authenticated by the Assistant Director, Archives, Archeology and Museums and Curator, SPS Museum, Srinagar, a copy whereof has been placed on record. 8. We also find that the issue with regard to the deficiency in staff and security arrangement at the SPS Museum has also been extensively considered in the orders passed by this Court. The order dated 27th August, 2013 passed by this Court, issues with regard to creation of posts, steps for construction of main Museum and administrative block, along with providing of additional facilities in the Museum as well as installation of surveillance of security system by installing CCTV Cameras and also providing of smoke/fire detectors round the clock alarm system, have been dealt with. 9. Mr. R.A. Jan, learned Amicus Curiae as well as Mr. B.A. Dar, learned Senior Additional Advocate General and Mr. T.M. Shamsi, learned Assistant Solicitor General of India submitted that with the intervention of this Court, the issues highlighted in the writ petition have been substantially addressed. Care is also being taken to ensure the safety, security and preservation of Archeology sites as well as artefacts. Given the several steps, including cataloguing of the extensive collections which are available with the Museum and steps towards ensuring the safety and protection of the Heritage Monuments, which have been taken, it would appear that steps that could be reasonably expected from the respondents, have been taken. 10. Given the several steps, including cataloguing of the extensive collections which are available with the Museum and steps towards ensuring the safety and protection of the Heritage Monuments, which have been taken, it would appear that steps that could be reasonably expected from the respondents, have been taken. 10. In view of the preceding discussion further proceedings in this writ petition are closed with the direction to the respondents to ensure that adequate care is taken in future for safety and preservation of Archaeology sites as well as artefacts, which are available with the respondents and are under their jurisdiction. Needless to state that in future, if any act which could be detrimental to the preservation and maintenance of these sites and artefacts is noticed, it shall be open for any person, to invoke the jurisdiction of this Court in this regard. 11. Our attention is also drawn to order dated 20.09.2017, whereby Mr. B. A. Dar, learned Senior Additional Advocate General was required to file a status report with regard to the maintenance of heritage properties throughout the State of Jammu and Kashmir and this Court had directed the respondents to inform the Court as to whether the State provides any assistance for maintenance of these heritage buildings. In our view, so far as these heritage properties are concerned, they would be owned by private individual(s). This writ petition pertains to the safety and preservation of Archeology sites as well as artefacts which are under the control and protection of official respondents. We are not inclined to issue any direction with regard to any property owned by private individual. If any person has any grievance with regard to heritage properties owned by private individual(s), it shall be open for him to file independent writ petition(s). This writ petition is disposed of accordingly, with the aforesaid directions, along with connected IAs.