Delhi High Court challenges ASI decision of not permiting Chhatrapati Shivaji birth anniversary celebration at Agra Fort

A plea has been filed in the Delhi High Court challenging an order of the Archaeological Survey of India (ASI) refusing permission to organise a cultural programme at the Agra Fort to celebrate Chhatrapati Shivaji Maharaj's birth anniversary on February 19, as per Bar and Bench.

The petitioner, the RR Patil Foundation, submitted that the ASI did not give any reasons for its order and simply rejected the application, even though the petitioners requested consideration through various modes and letters.

The Chief Minister of Maharashtra also wrote a communication to the benefit of the petitioners, which was highlighted.

"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," the petitioners contended.

According to the petitioners, the foundation as well as the people of Maharashtra are emotionally attached to the Agra Fort, where Chhatrapati Shivaji, along with seven of his sons, was imprisoned and kept captive by the Mughal emperor Aurangzeb. Further, it was pointed out that certain public functions have been held on the fort’s campus in the past. These included a function pertaining to the Aga Khan Award of Architecture, it was noted.

The plea underscored that the ASI rejection affects the petitioners' fundamental rights under Article 19 of the Constitution, which deals with the freedom to organise events to promote and promulgate the heritage and social values of national figures and icons anywhere in the country.

"The impugned communication is a classic example that the Respondents are acting in unconstitutional manner and Petitioners are subjected to whims and fancies of the Respondent Authorities which infringes upon the fundamental rights of the petitioners," the petition further stated.

As a result, the petitioners have urged the High Court to direct the ASI to allow the petitioner foundation to organize the cultural event in Agra Fort on February 19.

The petitioners have also requested the Court to pass necessary orders without the presence of the ASI (ex parte) and stay the communication rejecting permission.

The petition was filed by advocates Rakesh K. Sharma, Sandeep Sudhakar Deshmukh, and Nishant Sharma.