“If Maharashtra Govt becomes co-organizer”: Delhi HC directs ASI to consider plea for Chhatrapati Shivaji's Birth Anniversary celebration at Agra Fort

The Delhi High Court on Wednesday asked the Archeological Survey of India (ASI) to consider R.R Patil Foundation's plea to organize a cultural event at Agra Fort for the birth anniversary of Chhatrapati Shivaji Maharaj on February 19, only if the State of Maharashtra agrees to become a co-organizer of the event.

The court was hearing a plea filed by a registered trust of Maharashtra, R.R Patil Foundation challenging the denial of permission to organize a cultural program at Agra Fort on the birth Anniversary of Chhatrapati Shivaji Maharaj.

During the hearing, the counsel for the Archeological Survey of India (ASI) apprised the court that the office memorandum of January 14, 2005, clearly states that permission is only given to government departments or public bodies.

Senior Advocate Raj Shekhar Rao appearing for the petitioner organization stated that the petitioner is a private body, not affiliated with the government. He also apprised the bench that an application has been moved before the government of Maharashtra to be a co-organizer. Rao contended that it’s a historic event after 135 years.

Justice Prathiba M. Singh noted that the present plea had received support from the Chief Minister of Maharashtra and the reference letter was on record. It was also noted that the office memorandum referred to by the ASI was 18 years old and was in operation and that no challenge to the said policy was posed. 

Accordingly, the court directed, “It is deemed to be appropriate, if the State of Maharashtra wished to co-organize then along with the State of Maharashtra, the petitioner organization may move a letter to ASI to consider expeditiously.”

“This direction is being passed on the view of the fact that stand the petitioner's stand is that they have approached the State of Maharashtra for co-organizing the event which request is under consideration”, the court added.

Furthermore, the court clarified that in case there is any delay in the process of the application, the petitioner organization is free to approach the High Court.

It is to be noted that on February 3, the court issued notice to the Archeological Survey of India (ASI) and sought a response to the plea filed through Advocates Rakesh K Sharma, Sandeep Sudhakar Deshmukh, and Nishant Sharma. The plea stated that the cultural program had been fixed for February 19, but it was denied without giving any reason.

The counsel for ASI had submitted “Agra Fort is a monument of national importance. We ordinarily don’t grant permission to NGOs and private persons. If we do it then everyone will come to seek permission”.

The plea stated, “The Chief Minister of Maharashtra has also written communication to be considered positively for the event. The Petitioners cannot wait till eternity as the Birth Anniversary of Chhatrapati Shivaji Maharaj is on 19.02.2023 and cannot be shifted or modified and the undue delay and wrongful rejections affect the Fundamental Rights of the petitioners herein”.

It also stated that ASI denying permission violated the petitioner's right under Article 19 of the Constitution of India which deals with the freedom to organize events to promote and promulgate the heritage and social values of national figures and icons anywhere in the country. “A mechanical order passed by an authority is not sustainable and thus impugned communication/order is liable to be set aside at the threshold”, the plea added.

“The Petitioners are willing to abide by any condition as imposed by this Hon’ble Court or Respondent Authorities and will conduct the event in an orderly manner and are further willing to give an unqualified solemn undertaking to restore and preserve the monument after the event is over”, the plea read.

Case Title: R.R Patil Foundation & Anr. v. Archeological Survey of India & Anr.