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Delhi HC unhappy over installing Gandhi statue

The Delhi high court today expressed displeasure over the delay in shifting the India Gate canopy and replacing it with the statue of the father of the nation Mahatma Gandhi, and gave a last opportunity to the central government to take a decision on the issue, which has been hanging fire for the last four years.

A division bench, comprising acting chief justice Devinder Gupta and Justice K S Gupta, asked the central government to take a final decision within three months, failing which the court will decide the issue on its own. ''We expect that the decision should be taken as early as possible,'' the judges observed.

The central government standing counsel submitted before the bench that the matter was placed before the cabinet which felt that it was better to evolve a consensus on the issue after consultation with all the political parties.

He said at least three months time would be required to reach to a final decision. Taking this in view, the bench granted them the time and directed the government to a final decision and place it before the court by May 13.

The court was hearing a public interest petition filed by the Conservation Society of Delhi and the Indian National Trust for Arts and Cultural Heritage, protesting any proposal to shift the canopy from its present site. However, it was not opposed to the installation of the statue of Mahatma Gandhi without disturbing the canopy, which they termed as a part of the architectural heritage.

Later, the All India Freedom Fighters Association intervened and urged the court to order installation of Gandhi's statue at the site as the capital does not have any statue of the Father of the Nation except in Parliament premises.

Parliament had passed resolution, supported by all political parties, on the installation of the statue, but the matter is pending decision for the last four years.

CSD and Intach, which moved the PIL through its counsel Joy Basu said, ''The canopy was a part of our architectural heritage and under the fundamental duties of the constitution it should be protected. The removal of the canopy was also a violation of the provisions of the Delhi Urban Arts Commission.''

They said there were several laws on protection of aesthetic and cultural heritage and all these should be protected whether they were legacy of British Raj.

The court had through an interim order restrained the government from shifting the canopy from India Gate.

The court had, on July 24 last year, stated that the central government was free to take a decision about the location of the installation of the Gandhi statue, but any decision should be implemented only with the consent of the court.

CSD and Intach objected to the move of shifting of the canopy on the ground that even though it was of British origin, today it was a historical monument and was attached to the historical character of India Gate. Shifting it from the present site would disturb the historical set up of the place.

UNI

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