Can Maharashtra Government be co-organiser? Delhi High Court to NGO seeking to celebrate Chhatrapati Shivaji birth anniversary at Agra Fort

The Delhi High Court on Friday sought the response of the Archaeological Survey of India (ASI) on a plea challenging ASI's refusal to grant permission to conduct a cultural programme at the Agra Fort to celebrate the birth anniversary of Chhatrapati Shivaji Maharaj on February 19 .Justice Prathiba M Singh also asked the petitioner, a non-governmental organisation (NGO) to explore whether the State of Maharashtra can be a co-organiser of the function.The Court directed Senior Advocate Rajshekhar Rao, appearing for the NGO, to obtain instructions and inform the court about the same on February 8. .The Court was hearing a petition filed by the NGO, RR Patil Foundation challenging an order of the ASI. .Rao appeared for the RR Patil Foundation today and told the court that their request was denied by the ASI by a one-line order without giving any reasons.However, the counsel appearing for the ASI stated that it is not a state function but an event organised by a private NGO.The counsel said that if the petitioners come through a government body, the function can be allowed."The functions are being celebrated at Shivaji Maharaj's birth place and at his capital. But this is a private NGO. If this is allowed several others may come. He (Shivaji) was involved in so many forts. NGOs may come and say we want to organise functions at these forts, it would be a difficult situation," the counsel stated..The Court, therefore, asked Rao to obtain instructions in the matter and see if the Maharashtra government can be involved in the event. .In its plea, the petitioner stated that that the Chief Minister of Maharashtra did write a communication to the benefit of the petitioners. The plea stated that the petitioners 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 inside 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 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.Therefore, the petitioners urged the High Court to direct the ASI to allow the petitioner foundation to organise the cultural programme at Agra Fort on February 19. .The plea was filed through advocates Rakesh K Sharma, Sandeep Sudhakar Deshmukh, and Nishant Sharma.