Director General, Archaeological Survey of India v. A. M. S. Ameenullah, S/o. Late. A. M. Saibullah
2019-10-30
N.KIRUBAKARAN, P.VELMURUGAN
body2019
DigiLaw.ai
JUDGMENT : N.KIRUBAKARAN, J The appeal has been preferred by Archaeological Survey of India against the order passed by the learned single Judge in W.P.No.17348 of 2017 on 10.04.2019, permitting the parties to take samples from the Holy Quran possessed by the 1st respondent and send the same to the United Kingdom for testing and to get a report about the age and other details. 2. The facts of the case are as follows:- The 1st respondent is in possession of the antique viz., handwritten Holy Quran on a handmade paper. To know the age of the said Holy Quran book, the 1st respondent wanted to send the sample of the same to the United Kingdom. Therefore, he has approached the appellant for taking a sample and send it for testing. The said request was rejected by the appellant by order dated 23.03.2017. The said order was challenged before the learned single Judge. After hearing the parties the learned single Judge granted the relief as prayed for, against which only the present appeal has been preferred. 3. Mr.G.Karthikeyan, learned Assistant Solicitor General appearing on behalf of the appellant would submit that the Quran in question is an antique as per Section 24 of the Antiquities and Art Treasures Act, 1972 and without damaging the Holy Quran, it is not possible to take samples. If the antique is destroyed or damaged, penalty leviable under Section 30 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. If any sample is taken, it will damage or destroy the Holy Quran. In that event, it will amount to destroying the antique. Therefore, he would submit that the order of the learned single Judge cannot be complied with. He would further submit that there are laboratories available in India and there is no necessity to send the sample to the United Kingdom. 4. However, Mr.PL.Narayanan, learned counsel appearing on behalf of the 1st respondent/writ petitioner would submit that the prayer itself is for permission to take sample paper from the Holy Quran book in Arabic, handwritten on hand-made paper and the sample measuring dimensions of height 2 cm width 1.5 cm from the book will not destroy or damage the Holy Quran. Moreover, in the handwritten book, one blank paper has been left. From the said paper, sample can be taken.
Moreover, in the handwritten book, one blank paper has been left. From the said paper, sample can be taken. He would further submit that there is no proper lab facilities available in India and he would rely upon the email dated 25.07.2015 sent by the Birbal Sahni Institute of Palaeo Sciences. 5. The learned single Judge after hearing the parties only directed the 2nd respondent to take two samples from the Holy Quran properly and seal the same adequately and hand over the samples to the 1st respondent/writ petitioner within a period of four weeks from that day and further directed the petitioner to send one sample to the Research Laboratory for Archaeology, University of Oxford and second sample to the Director, Birbal Sahni Institute of Palaeo Sciences, 53, University Road, Lucknow for carbon dating and testing. 6. As rightly pointed out by Mr.P.L.Narayanan, learned counsel appearing for the 1st respondent there cannot be any damage of the Quran and even samples could be taken from the blank paper in the handwritten Arabic Holy Quran and that will not damage the antique. Moreover, the lab facilities available are not advanced as compared to foreign countries as evident from the email dated 25.07.2015 sent by Birbal Sahni Institute of Palaeo Sciences. Hence samples have to be sent to Oxford University. 7. The Holy Quran is in possession of the 1st respondent and his intention is only to know the age of the Quran and therefore, there is nothing wrong in sending the samples as prayed for by the 1st respondent and as granted by the learned single Judge to the laboratories in Oxford University and Lucknow. Therefore, the prayer of the appellants is liable to be rejected. 8. Accordingly, the Appeal fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed. The appellants are directed to take samples properly and give it to the 1st respondent/writ petitioner within a period of three weeks from the date of receipt of a copy of this order. On receipt of the same, the 1st respondent shall send one sample to the Research Laboratory for Archeology, University of Oxford and another sample to the Director, Birbal Sahni Institute of Palaeo Sciences, 53, University Road, Lucknow for carbon dating and testing, within a period of two weeks from the date of receiving the samples.