Consider NGO plea to co-organise Shivaji Jayanti celebration with Maharashtra govt expeditiously: Delhi HC to ASI

Last week, the high court had issued notice and asked the petitioners, R R Patil Foundation and Ajinkya Devgiri Pratishthan, to seek instructions on whether the state of Maharashtra can support or sponsor the event, after the ASI argued that the trusts are private NGOs and the ASI does not allow private NGOs or bodies to organise events at protected national monuments.

On Wednesday, the ASI’s counsel, Rakesh Kumar, drew the court’s attention to an official memorandum dated January 14, 2005, issued by the body stating that only government departments and public bodies are permitted to organise cultural events inside protected monuments and sites.

Appearing for the petitioners, senior advocate Rajshekhar Rao submitted that instructions had been sought but they had not received a response. “They are considering it,” Rao said.

The high court thereafter noted that an application for organising the event filed by the petitioner NGO had received support from the Maharashtra chief minister, however, the state of Maharashtra is not a co-sponsor of the event.

The high court thereafter said, “Since the ASI policy has been in operation for almost 18 years and there has been no challenge to the said policy, it is deemed appropriate to direct that if the petitioner wishes to co-organise the event along with the Maharashtra government, they may move a letter to the ASI which shall be considered expeditiously.”

The high court further said that if the request is not decided in due time, the petitioner may approach the court again. The court clarified that it passed the direction in view of the stand of the petitioner that it has approached the state of Maharashtra to co-organise the event, which is under consideration.

The plea states that the people of Maharashtra are “emotionally attached to the Agra Fort” where Shivaji Maharaj and his son were imprisoned and held captive by Aurangzeb. The plea states that while rejecting their application, the ASI has not accorded any reasons, simpliciter rejecting it on December 23, 2022, even though the trusts had requested consideration through various modes and letters. The plea seeks a direction to the authorities permitting the trusts to organise the cultural programme celebrating Shivaji’s birth anniversary at Agra Fort.

The plea claims, “Speaking order or reasoned order is considered the third pillar of natural justice. A reasoned decision is called a reasoned decision because it contains reasons of its own in its support. A mechanical order passed by an authority is not sustainable and thus impugned communication/order is liable to be set aside at the threshold.”