Bid to snatch control of Tansen’s tomb: How a 16th century monument in Bhopal has been repeatedly pulled into litigation

The monument “deserves to be protected with utmost care and caution”, and it would be a “national loss” if it loses “its originality, sanctity and vitality”, a Bench of Justices Anand Pathak and Hirdesh said on June 16.

The monument in Gwalior

The title to the tomb of the Sufi master Hazrat Sheikh Muhammad Ghaus in Gwalior has been repeatedly litigated. The monument is protected by the ASI. Wikimedia Commons

The tomb, built some time after the death of Sheikh Muhammad Ghaus in 1563, has significant architectural and historical value and is considered one of the most notable structures of Akbar’s reign (1556-1605).

The tomb is listed as a Centrally Protected Monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and has been maintained by the Archaeological Survey of India (ASI) since 1962.

The stone building “anticipates trends yet to become popular in Mughal architecture, especially in eastern India”, art historian Catherine B Asher wrote in her book, The New Cambridge History of India: Architecture of Mughal India (1992).

The square building is topped by a large, squat dome and is flanked by chhatris, giving it a multi-tiered appearance. Around the tomb’s central chamber runs a veranda with intricate stone screens, a design influence traced to Gujarat, where the saint had spent considerable time. These elements prefigure later monuments, such as the tomb of Shaikh Salim Chishti at Fatehpur Sikri.

Tansen is buried next to the tomb of the Sufi pir. His association with the site has deepened its cultural resonance, and for decades has attracted both pilgrims and music lovers.

Petition and petitioner

The petition was filed by Syed Sabla Hasan, who claimed to be the Sajjada Nashin, or spiritual caretaker of the tomb, as well as the saint’s legal heir. He sought permission to perform religious and cultural practices at the tomb, including the annual Urs, a commemorative Sufi gathering.

Hasan argued that these practices had been carried out for more than four centuries at the site, and that the restrictions on such events were arbitrary and unlawful.

The ASI submitted that the petitioners were making false claims and were interfering with the upkeep and protection of the monument.

It told the HC that unlawful activities were being carried out on the premises — including installation of electrical wiring, lights, tents, and even furnaces — nails were being hammered into walls, and a situation was being created that hampered tourism and undermined the structural integrity, and cultural and architectural dignity of the monument.

The court agreed with the ASI that religious and cultural events could not be permitted at a Centrally Protected Monument.

Similar challenges earlier

The court held that neither the petitioner nor his family had any legal right or title to the tomb, and that the matter had been litigated and settled multiple times over the past three decades. The ASI and the Union of India have consistently maintained that the matter had attained finality in law.

* Back in 1995, one Peerzada Syed Ali Hasan filed a civil suit in the court of the Civil Judge Class-II, Gwalior, seeking ownership of the tomb.

* After the court dismissed the 1995 suit, Ali Hasan’s two sons and two daughters filed a First Appeal, which too, was dismissed in 2004 by a detailed judicial order.

* In 1996, Ali Hasan’s son Syed Muhammad Hasan filed a separate civil suit, which was dismissed in 1999.

* A civil revision petition was filed against that ruling, which was rejected in 2002.

* A second appeal was rejected in 2015.

* A review petition filed before the Supreme Court was dismissed in 2016.

Despite this long history of failures, Syed Sabla Hasan filed a case before the Madhya Pradesh Waqf Tribunal in 2019, seeking the ownership and religious control over the tomb. In 2022, this plea was dismissed, with the tribunal ruling in favour of the ASI.