Institute of Legal and Management Studies

The Supreme Court recently issued notice in a special leave petition against a Madhya Pradesh High Court order, which denied permission to perform religious and cultural activities such as Urs and Namaz at a Dargah near the tomb of Hazrat Sheikh Muhammad Ghaus in Gwalior, which also contains the tomb of Tansen, one of the nine jewels of Mughal Emperor Akbar.

A bench comprising Justice BV Nagarathna and R Mahadevan issued notice on the SLP as well as on the interim prayer.

The tomb of Muhammad Ghaus is a centrally protected monument and was declared a national monument in 1962 under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. In the premises, the tombs of the great music maestro Tansen and Muhammad Ghaus are constructed.

According to the SLP, the petitioner is the Sajjada Nashin of Dargah Hazrat Sheikh Muhammad Ghaus and also the legal heir of Muhammad Ghaus. As per his claims, various religious and cultural activities have been performed for over last 400 years. However, subsequent to the Archaeological Survey of India declaring the Dargah as a protected monument, the activities of Urs and Nazam have been prohibited.

He had approached ASI for permission in March 2024. However, the said permission was denied on the grounds that under the 1958 Act read with Ancient Monuments and Archaeological Sites and Remains Rules, 1959, no such permission can be granted and any such act is punishable with an offence of two years imprisonment with Rs. 1 lac fine.

Against this, he had approached the High Court, where both the Union and the State Governments opposed his plea. As per them, the petitioner did not come to the Court with clean hands, as several litigations have been filed by him and his heirs claiming ownership of the tomb, but it has been consistently denied. Moreover, the petitioner is alleged to have performed unlawful acts such as the installation of electrical wiring, lights, tents/structures, furnaces and hammering nails over the wall. They spread garbage in the premises and try to distract visitors from the visit.

The High Court, denying the plea of the petitioner, noted that the monument does not fall under the place of worship and shrine and deserves to the preserved and protected: "The tomb of Muhammad Ghaus (premises includes tomb of Tansen also) was declared ancient monument of national importance purportedly under Section 4(3) of the Act of 1958 as reflected in Gazette Notification dated 23-01-1962 and since then it was maintained by the Central Government/ASI. If petitioner is permitted to conduct Urs and Namaz then certainly as alleged by respondents/Union of India, structure would suffer spoilation/damage where tents would be installed, hammering nails would be fixed, lights would be fixed, thus causing degradation, spoilation, pollution and desecration.

Since protected monument is declared archaeological monument to be of national importance under Section 5 or 13 but under Section 4 of the Act of 1958, therefore, no permission can be granted for use as mentioned by the petitioner. This monument does not fall under the place of worship and shrine. It is being acquired by the Central Government. It is an archaeological monument declared by the Central Government as monument of National Importance under Section 4 of the Act of 1958. Therefore, it cannot be used except to be protected as monument."

Case Details: SABLA HASAN v UNION OF INDIA & ORS|PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 25083/2025

Click Here To Read Order

Appearances: For Petitioner(s) : Mr. A. Mariarputham, Sr. Adv. Mr. Ankit Sharma, Adv. Mr. Avneesh Arputham, AOR