SC agrees to hear plea for permission to perform Urs at dargah in Gwalior

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New Delhi, Sep 29 (PTI) The Supreme Court has agreed to hear a plea challenging an order that refused to allow religious activities, including Urs, at the dargah of Hazrat Sheikh Muhammad Ghaus in Gwalior.

The Archaeological Survey of India (ASI) declared the dargah as a protected monument in 1962.

The plea challenging a June order of the Madhya Pradesh High Court at Gwalior came up for hearing before a bench of Justices B V Nagarathna and R Mahadevan, which issued notice to the Centre and others seeking their responses in the matter.

"Issue notice to the respondents on the special leave petition as well as on the interim prayer also," the bench said in its September 19 order.

The petitioner has challenged an order of a division bench of the high court which dismissed the appeal against its single judge's order.

The single judge dismissed a plea seeking direction to the authorities to allow the petitioner and others to perform religious activity like Urs and Nazam at the site.

The high court noted in its order that according to the petitioner, he was a legal heir of Hazrat Sheikh Muhammad Ghaus.

The petitioner informed the high court that in the dargah, various religious and cultural activities were performed for over last 400 years but subsequent to the ASI declaring the dargah as a protected monument, such activities were prohibited or curtailed.

The high court noted that in March 2024, the petitioner submitted an application to the ASI requesting for permission for performing Urs at the dargah but the same was denied.

Before the high court, the Centre's counsel said that tomb of Muhammad Ghaus was a centrally protected monument and was protected and maintained by the ASI.

The high court noted that tomb of Muhammad Ghaus was situated in Gwalior and admittedly, it was a centrally protected monument and declared as national monument way back in 1962.

It further noted, in the premises, tombs of music maestro Tansen and Muhammad Ghaus were constructed.

"In fact it is the duty of the ASI and district administration to protect this monument of national importance with utmost care and strictness so that such ancient monument carrying history and culture into its ambit, be preserved for posterity," the high court said.

The high court said it deserves to be protected with utmost care and caution and no activity as sought by the petitioner could be permitted.

While dismissing the appeal, the high court further said the petitioner had not challenged the ASI's March 2024 order which rejected his application. PTI ABA ABA AMK AMK