GWALIOR: The Madhya Pradesh High Court has reinforced the protected status of the monument housing the grave of legendary musician Tansen, a prominent figure in Emperor Akbar’s court. In a recent ruling, a division bench of Justice Anand Pathak and Justice Hirdesh dismissed an appeal seeking permission to conduct religious and cultural activities at the tomb of Hazrat Sheikh Muhammad Ghaus in Gwalior, where Tansen’s grave is also located.
The court observed that the monument “deserves to be protected with utmost care and caution” and that allowing such activities, as sought by the appellant, could lead to a “national loss” by compromising its “originality, sanctity and vitality.” The tomb of Hazrat Sheikh Muhammad Ghaus was officially declared a protected monument of national importance in 1962 under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, a legislation designed to safeguard India’s rich historical and cultural heritage.
The appellant, who claimed to be the Sajjada Nashin (spiritual caretaker) and legal heir of Hazrat Sheikh Muhammad Ghaus, argued that various religious and cultural practices had been performed at the dargah premises for over 400 years. However, the Archaeological Survey of India (ASI), which maintains the site, had prohibited or curtailed these activities following its protected status.
The High Court’s decision underscores the primacy of conservation efforts for monuments of national importance. The bench emphasized that it is the duty of the ASI and the district administration to protect such sites with strictness, ensuring their preservation for future generations. This ruling reaffirms the legal framework that prioritizes the historical and archaeological integrity of protected monuments over claims for exclusive religious or cultural use.
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