LexSUBHAS DATTA versus UNION OF INDIA AND ORS.
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A B [2015] 2 S.C.R. 330 SUBHAS DATTA v. UNION OF INDIA AND ORS. (Writ Petition (C) No. 252 of 2004) FEBRUARY 03, 2015 [T.S. THAKUR AND ADARSH KUMAR GOEL, JJ.] C Constitution oflndia, 1950 -Art.32 - Public interest litigation - Issue of protection of historical objects preserved in various museums in the country - Direction sought for adequate security arrangements and for investigation into theft incidents - Theft of historical D artefacts of Kabiguru Rabindra Nath Tagore, from museum of Viswabharati University in Santiniketan, West Bengal, stealing of golden coins from the Asiatic Society, Calcutta, theft from Nandan Art Gallery, Viswabharati University and thefts in Victoria Memorial, Calcutta - E Various affidavits filed by the Government pertaining to issue of security- Issuance of various directions by this Court - However, neither stolen articles recovered nor adequate security measures fully adopted - Held: Preservation of rich heritage and culture of the country F is a constitutional mandate - UNESCO Convention on the means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property has been duly ratified by India and the mandate has been reiterated - Secretary, Ministry of Culture to review the G matter and take necessary steps as may be identified and hold review meetings - Arts. 49, 51A(f) - Ancient Monuments Preservation Act, 1904 - Prevention of Damage of Public Property Act, 1984 - Antiquities and Art Treasures Act, 1972. H 330 SUBHAS DATTA v. UNION OF INDIA 331 CIVIL ORIGINAL JURISDICTION: Writ Petition (c) A No. 252 of 2004 Under Article 32 of the Constitution of India Subhas Datta (Petitioner-in-person). Maninder Singh, ASG, K. Radhakrishnan, Vibha Dutta Makhija, A. K. Panda, Jaideep Gupta, Avijit Bhattacharjee, B B. Krishna Prasad, Nanita Verma, S. S. Rawat, W. A. Qadri, Sushma Suri, T. A. Khan, M. Khairati, B. V. Balaram Das, V. K. Verma, Uttam Mandal, Aditya Bharech, C M/s. Fox Mandal & Co., Anip Sachthey, Saakaar Sardana for the Respondents .. The Judgment of the Court was delivered by ADARSH KUMAR GOEL, J. 1. This petition has D been filed as public interest litigation on the issue of protection of historical objects preserved at different places in the country particularly in various museums. Prayer in the petition is for a direction for adequate security arrangements and for proper investigation into E the incidents of theft and damage to several historical objects and also for making an inventory of available articles for future. 2. Initially, the respondent in the writ petition was the F Union of India through Ministry of Human Resource Development but by order of this Court dated 7thJuly, 2008, the Director General, National Museum, Janpath, New Delhi; the Director General, Archaeological Survey of India, Janpath, New Delhi; the G Director, National Gallery of Modern Art, Jaipur House, India Gate, New Delhi; the Director, India Museum, 27, Jawaharlal Nehru Road, Kolkata; the Secretary & Curator, Victoria Memorial Hall, 1, Queen Way, Kolkata; the General Secretary, Asiatic Society, 1, Park H 332 SUPREME COURT REPORTS [2015] 2 S.C.R. A Street, Kolkata; the Director, Salar Jung Museum, Hyderabad; the Acting Director, Allahabad Museum, Allahabad; the Director, Nehru Memorial Museum & Library, Teen Murti House, New Delhi were impleaded as parties as the said respondents are directly concerned 8 with the issue raised in the petition. 3. Immediate trigger for the petitioner appears to be the theft of historical artefacts of Kabiguru Rabindra Nath Tagore, kept in the museum of Viswabharati University at C Santiniketan in West Bengal of which Prime Minister is the Chancellor. Reference has been made in the petition to the incident of stealing of golden coins from the Asiatic Society of Calcutta in the year 1990. Further reference has been made to theft from the Nandan Art Gallery of Viswabharati D University in the year 1984 and also the incidents of thefts in Victoria Memorial at Calcutta. 4. Case set out in the petition is that the material at various centres like Asiatic Society, National Library, Viswabharati University, Victoria Memorial and other Indian E Museums is national asset which needs safety, security, preservation and maintenance. Under Article 49 of the Constitution, the State is under obligation to protect every monument, place or obj
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