Supreme Court dismisses 'publicity interest litigation' on Taj Mahal

The Supreme Court on Friday dismissed a plea for a direction to conduct a “fact-finding inquiry” into Taj Mahal’s history and also a direction for the “opening of 22 rooms” on the premises of the monument, protected by the Archaeological Survey of India (ASI).

Terming the plea a publicity interest litigation, a bench of Justices M R Shah and M M Sundresh said the Allahabad High Court was not in error in dismissing the petition.

The court had in May this year declined to entertain a plea by one Rajneesh Singh, who claimed to be the media in-charge of the BJP’s Ayodhya unit.

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The high court noted that the petitioner failed to establish which of his legal or constitutional rights were being infringed.

The petitioner had argued before the high court that many Hindu groups have claimed that Taj Mahal is an old Shiva Temple which was known as Tejo Mahalaya. He contended that this theory was supported by many historians as well.

The high court pulled up the petitioner for filing a plea in a casual manner and said it cannot pass an order under Article 226 of the Constitution.

In his plea, the petitioner had contended that the controversy should be put to rest. He also claimed that 22 rooms were situated in the upper and lower portion of the four-storied building of the Taj Mahal, which were permanently locked.

Citing historians and Hindu worshippers, the petitioner claimed it is believed that a Shiva temple lies in those rooms.

The petition had also sought the setting aside of certain provisions of the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 and the Ancient Monuments and Archaeological Sites and Remains Act, 1958, under which the Taj Mahal, Fatehpur Sikri, the Agra Fort and Itimad-ud-Daulah's tomb were declared historical monuments.

(With PTI inputs)