SUBHAS DATTA versus UNION OF INDIA AND ORS.

SUBHAS DATTA versus UNION OF INDIA AND ORS.

Preservation and security of historical artefacts is a constitutional and statutory obligation; respondents’ assurances to review and implement improved measures suffice for terminating proceedings.

Parties
Petitioner: Subhas Datta; Respondent: Union of India; Respondent: Director General, National Museum, Janpath, New Delhi; Respondent: Director General, Archaeological Survey of India, Janpath, New Delhi; Respondent: Director, National Gallery of Modern Art, Jaipur House, India Gate, New Delhi; Respondent: Director, India Museum, Kolkata; Respondent: Secretary & Curator, Victoria Memorial Hall, Kolkata; Respondent: General Secretary, Asiatic Society, Kolkata; Respondent: Director, Salar Jung Museum, Hyderabad; Respondent: Acting Director, Allahabad Museum, Allahabad; Respondent: Director, Nehru Memorial Museum & Library, New Delhi
Jurisdiction
India
Judgment Date
03 February 2015
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Writ petition disposed with directions/observations.
Legal Topics
Preservation of Historical Objects, Museum Security, Public Interest Litigation, Inventory and Investigation of Artefacts, Implementation of Statutory Obligations
Constitutional Law Cultural Heritage Law Administrative Law Preservation of Historical Objects Museum Security Public Interest Litigation Inventory and Investigation of Artefacts Implementation of Statutory Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Subhas Datta

Petitioner

Union of India

Respondent

Director General, National Museum, Janpath, New Delhi

Respondent

Director General, Archaeological Survey of India, Janpath, New Delhi

Respondent

Director, National Gallery of Modern Art, Jaipur House, India Gate, New Delhi

Respondent

Director, India Museum, Kolkata

Respondent

Secretary & Curator, Victoria Memorial Hall, Kolkata

Respondent

General Secretary, Asiatic Society, Kolkata

Respondent

Director, Salar Jung Museum, Hyderabad

Respondent

Acting Director, Allahabad Museum, Allahabad

Respondent

Director, Nehru Memorial Museum & Library, New Delhi

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether adequate measures are in place for protection of historical objects in museums
  2. 2 Whether directions should be given for security systems, inventory management and investigation of thefts

Ratio Decidendi

Preservation and security of historical artefacts is a constitutional and statutory obligation; respondents’ assurances to review and implement improved measures suffice for terminating proceedings.

Court Disposition

Writ petition disposed with directions/observations.

Orders

  • Secretary, Ministry of Culture to review the matter and take necessary steps within one month.
  • Review meetings to be held at least once every six months to consider further action.