Shah Jahan's Daughter-in-law's Tomb Not Waqf Property

• 31 Jul 2024

Why in News?

Recently, Madhya Pradesh High Court ruled that three ancient monuments in Burhanpur, including the tomb of Mughal emperor Shah Jahan’s daughter-in-law, Begum Bilqis, are not Waqf property.

Key Points

• Archaeological Survey of India’s (ASI) Argument: The ASI argued that these sites - Shah Shuja monument, Tomb of Nadir Shah, and Bibi Sahiba’s Masjid are ancient and protected monuments under the Ancient Monuments Preservation Act, 1904.
• Court’s Observation:
  • Justice GS Ahluwalia noted that the properties are ancient and protected monuments, and the CEO of the M.P. Waqf Board committed material illegality by declaring them as Waqf property.
  • The ASI submitted that “as per section 11 of Ancient Monuments Preservation Act, 1904, Commissioner would be a guardian of the monument and for the purposes of maintaining such monument shall have access to the monument at all reasonable times by himself and by his agents.
  • “Unless and until guardianship is relinquished under Section 14 of Ancient Monuments Preservation Act, 1904, the same cannot be declared as a waqf property.”
• Details of the Monuments:
  • Shah Shuja Monument:
    • The Shah Shuja monument houses the tomb of Begum Bilqis, wife of Mughal Emperor Shah Jahan’s son, Shah Shuja.
    • She was buried in Burhanpur after she died giving birth to her daughter.
    • The tomb also known as Kharbuza Mahal is “crowned with a dome.” The site “stands on a raised fluted circular plinth” and “built of stone and plastered with shell mortar and decorated with paintings.”
  • Tomb of Nadir Shah:
    • The tomb of Nadir Shah is a “massive tomb, built on a raised platform” and “supported on eight archways.” The chamber is occupied by three graves.
  • Bibi Sahiba’s Masjid:
    • Bibi Saheba’s mosque alias Bibi ki Masjid was completed by queen Begum Rokeya, daughter of Gujarat Sultan Muẓaffar Shah II, around 1529.