SUBHAS DATTAversusUNION OF INDIA AND ORS.

                       [2015] 2 S.C.R. 330


A                        SUBHAS DATTA

                                v.

                  UNION OF INDIA AND ORS.
B               (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).
                                                              B
     Maninder Singh, ASG, K. Radhakrishnan, Vibha Dutta
Makhija, A. K. Panda, Jaideep Gupta, Avijit Bhattacharjee,
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
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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 object of artistic or historic interest
  declared to be of national importance from spoilation,
F disfigurement, destruction, removal, disposal or export, as
  the case may be. Under Article 51A(f) of the Constitution,
  there is fundamental duty to value and preserve the rich
  heritage of our composite culture. There should be proper
  inventory of all historical objects preserved at different
G centres and such inventory should be kept at a central place
  under the Government of India. There should be periodical
  stock taking by an independent agency. Ancient Monuments
  Preservation Act, 1904 requires proper preservation of
  objects of archaeological, historical, or artistic interest.
H
           SUBHAS DATTA v. UNION OF INDIA                      333
              [ADARSH KUMAR GOEL, J.]

Reference has also been made to Prevention of Damage A
of Public Property Act, 1984 to state that any damage to
public property is national loss.

     5. In response to the writ petition, a counter affidavit
has been filed on behalf of the Union of India by the              8
Director, Ministry of Culture, acknowledging that theft of
Nobel Prize Medal from Viswabharti University at
Santiniketan was a matter of grave concern. It is further
stated that the CBI has been entrusted with the task of
investigation, but no report has been received. Similarly,         C
incident of theft of golden coins from Asiatic Society of
Calcutta has been acknowledged as a fact for which
investigation was undertaken but closed. There is no report
about the recovery of the lost objects. Theft at Victoria
Memorial is also acknowledged and it is stated that the            D
answering respondent was in agreement with the petitioner
that all possible steps should be taken by the concerned
organizations for the proper safety, security, preservation
and maintenance of artefacts under their custody. The
Union of India was taking every possible step for safety of        E
artefacts in the custody of Museums/Organizations
controlled by them. The artefacts are scattered all over the
country in various museums controlled by the State
Government and also with Private Museums who have their
own security systems. The Government of India had                  F
entrusted the security to the CISF wherever it was felt
necessary. The security scenario is reviewed from time to
time. It was not possible to take responsibility of entire
private and State Government owned Museums and it was
also not financially feasible to do so. The Ministry of Culture,   G
provides funds for museums to acquire equipments.
A meeting was convened on Sth April, 2004 by the Ministry
of Culture on issues relating to security. A Committee was
set up under the chairmanship of Director General, National
Museum, for assessing the security needs of various                H
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A  museums. The museums under the Ministry of Culture have
   been advised to follow security norms suggested by the
   Committee. It may not be financially viable to deploy a
  specialized force at all places where the administration and
  custody of artefacts is either in the State Governments or
B in private hands, but privately run security agencies could
  be hired for the purpose. The Museums under the
  administrative control of Ministry of Culture were keeping
  the inventory of art objects which were verified from time
  to time. The state organizations were engaged in the
C programme of digitization of artefacts. Initiatives were being
  taken in mission mode for proper documentation of artefacts
  and monuments. The Antiquities & Art Treasures Act, 1972
  is in place to provide legal safeguards.

D           6. According to the guidelines annexed to the counter
       affidavit there should be four layer coverage for external and
       internal security for museums by guarding perimeter at entry
       points, galleries, surveillance through manual and electronic
      gadgets and intangible intelligence. There should be
E     effective Access Control System (ACS); security should be
      with a single agency; Standard Operating Procedure (SOP)
      should be rehearsed at regular intervals; Galleries and
      Security Points should have Intercom Networking; a
      Contingency Plan should be prepared to deal with fire/
F     smoke; robbery; power failure; spotting a suspicious person
      on CCTV monitor; there should be regulation of movements
      of daily wagers/private workers for repair and maintenance;
      there should be least number of entry/exit points; preventive
      and deterrent measures should be increased; Door Framed
G     Metal Detector (DFMD) should be installed at the main
      entrance; Hand Heed Metal Detector (HHMD) should be
      provided to security staff; CCTV cameras should be
      installed at different locations; Walkie-Talkie and Intercom
      facility should be provided at each security point; there
H     should be Control Room to coordinate functioning of
           SUBHAS DATTA v. UNION OF INDIA                          335
              [ADARSH KUMAR GOEL, J.]

 museum and security staff; there should be Auto Camera             A
at the main entrance. Infra-red Alarm system or Punched
Taped Concertina or Electric Fencing should be installed
at the perimeter of the Museum building. The grills in the
windows should be re-enforced. There should be baggage
X-Ray machine. There should be Electronic Locks                     B
(Magnetic) for all doors of Galleries, Storages and Strong
Rooms. Visitor flow should be regulated by Biometric
Photography system. Internal intelligence staff should be
employed. Every museum should carry out security audit
and impart orientation programme in strategic areas. Safe           C
keeping of keys of Museum should be ensured. A Curator
should be deputed for opening and closing of the museum.
Gallery locks should be installed. Regular drill should be
carried out at least once in three months. There should be
Spatial Planning for Security which should be aesthetically         D
attractive with a consistent Signage System, service units
should not remain in gallery areas. There should be stand-
by Automatic Power Back-Up System. There should be
bullet-proof glass for vulnerable art objects and jewellery
items should be stored in the Strong Room. Infra-red                E
System or painting gallery and Electronic Sensor Tags
should be used for displayed objects. 6mm to 8mm
thickness of glass should be used for table showcases.
Police verification of workers should be carried out.
Preventive and Fire Fighting Measures should be adopted,            F
smoke detectors should be installed. Fire alarm system
should be installed. Electronic choke should be used in
showcases. Tripping system should be strengthened for
identification of short circuits. Inspection of fire fighting in
the electronic system should be carried out. Minimum                G
wooden items should be used in galleries, fire resistant
cloth, cupboard and locker should be used for partition. The
Standing Committee of the Museum should ensure that plug
points are not broken, conduited electrical wiring should be
used and electrical fittings are replaced. The museum               H
336        SUPREME COURT REPORTS                  [2015] 2 S.C.R.


A     should have technical staff for Curatorial/Technical/Official
      Management. Record should be maintained properly as per
      detailed guidelines laid down.

       7. Noticing the stand in the counter affidavit, this Court
B on 12th August, 2005 directed the Ministry to file a better and
  detailed affidavit about the implementation of the
  recommendations and the results achieved. The Ministry was
  also directed to consider giving specialized training in respect
  of security and also to consider the suggestion of verification
C being done by outside agencies.

           8. Accordingly, an additional affidavit was filed on 9th
      January, 2006 stating that the matter was reviewed by the
      Security Committee headed by Director General, National
o     Museum. The recommendation was forwarded to the
      selected museums and also to the State Governments.
      The State Governments were also requested to apply for
      financial assistance for equipment relating to security
      systems for which a provision of Rs.2500 lakhs was made.
 E    The Trusts, Private Bodies and Semi Govt. Bodies have
      their separate security systems based on their needs and
      locations and perception of theft. With regard to museums
      under the control of Ministry of Culture, the status of
      security arrangements has been indicated. According to
 F    the affidavit, recommendations of Security Committee
      have been implemented by various museums and some
      recommendations were in the process of implementation.
      It has been further stated that though the physical
      verification is regularly done by museum staff, the idea of
G     entrusting physical verification to outside agency has been
      accepted in principle. As regards specialized training, it is
      stated that security of National Museum and Salar Jung
      Museum has been handed over to CISF, while security of
 H    IGRMS-Bhopal, NMML, New Delhi, NGMA-Mumbai and
          SUBHAS DATTA v. UNION OF INDIA                        337
             [ADARSH KUMAR GOEL, J.]

New Delhi are being looked after by their own security staff A
viz. Security Assistant, Gallery Attendant, Chowkidars etc. It
is not financially feasible to organize a special force for the
security of Museums spread all over the country, as the
various museums/sites are under the control of various
agencies such as Central Government, State Government, B
Semi Government Bodies, Trusts, Private Bodies etc.

     9. An affidavit has also been filed by Under Secretary,
Government of India, Ministry of Culture on 22"d October,
2007 in response to additional affidavit of the petitioner       c
annexing the status report on implementation of
recommendation of Security Committee at various
organizations. It is stated that physical verification has
been done by outside agency in the case of National
Museum and such verification was in progress in certain          D
other museums. Museums under the control of Ministry
of Culture were in the process of computerizing the
details of the artefacts. There are internal physical
verification systems under which artefacts are verified at
regular intervals in museums under the control of Ministry       E
of Culture. Physical verification is specialized job which
should be done only by experts. A Committee for physical
verification was constituted under the Chairmanship of
Shri M.N. Deshpande, retired Director General, ASI which
was reconstituted by substituting Shri M. Varadarajan,           F
former ·Secretary (Culture) in April, 1999. National
Museum had more than 2 lakhs works of art, which were
physically verified by the Committee in a phased manner.
Physical verification of art objects in Indian Museum,
Kolkata was being done by outside experts. Verification of       G ,,
art objects in Victoria Memorial Hall was being done by
internal verification agency. Theft of Nobel Prize Medal from
Viswabharti Museum and Fifth Century Buddha Head from
Indian Museum, Kolkata were being investigated by CBI.
The issues emerging in the observations of audit were being      H
338        SUPREME COURT REPORTS                [2015] 2 S.C.R.


A addressed. The modalities for relocation of all the
  administrative and other service units outside the museum
  premises were being worked out. Affidavits have also
  been filed on behalf of the Salar Jung Museum,
  Hyderabad, Allahabad Museum, Archaeological Survey of
B India, in response to directions of this Court.

           10. On 1Qtti January, 2013, the CBI was directed to
      apprise the Court about the progress of investigation
      relating to missing of Budha Bust and other cases in
C     question. The Ministry of Culture was also directed to
      respond to the affidavit of the Director, Indian Museum
      that due to shortage of manpower and absence of
      scholars and experts in Indian Museum, Kolkata, the work
      of verification which was started in the year 2005 could
D     not be completed even in seven years. The Ministry of
      Culture was directed to look into the matter and provide
      rnsources so that substantial progress could be
      achieved. The Ministry was also directed to look into the
      paucity of sufficient place as the Museum was not in a
E     position to display its items and to maintain their
      museum. Directions were also issued for completion of
      verification of fhe remaining items by the Victoria
      Memorial Hall. The Government of India was directed to
      look into the requirement for residential accommodation
F     for the CISF staff near Victoria Memorial Hall. The State
      Government was also directed to look into this aspect.
        11. Thereafter affidavit dated 2nd April, 2013 has been
  filed on behalf of the Minister stating that a meeting was held
  in the Ministry to discuss the issue of physical verification
G of objects at Indian Museum, Kolkata and Victoria Memorial
  Hall and CISF had agreed to provide necessary staff for
  security subject to accommodation being provided.
  Affidavits dated 21st September, 2013 have also been filed
  on behalf of the Victoria Memorial Hall and the Indian
H Museum stating that verification of all items available
           SUBHAS DATTA v. UNION OF INDIA                            339
              [ADARSH KUMAR GOEL, J.]

with it had almost been carried out and that the issue of A
security was also being sorted out.

    12. We have heard the petitioner in-person and learned
counsel for the respondents.

      13. The petitioner in person submits that inspite of various    B
directions of this Court during pendency of this petition for the
last more than ten years, the situation is still not satisfactory.
Neither the stolen articles have been recovered nor adequate
security measures fully adopted. The updating of inventory and
its cross checking needs to be ensured.                               C

     14. Learned Additional Solicitor General and the learned
counsel for the respondents fairly stated that the concern of
the petitioner is genuine and there is every need to review
the security measures and to update the inventory. They               o
assured the Court that the concern will be addressed and
necessary steps in the matter will be taken.

      15. It can hardly be gainsaid that preservation of rich
heritage and culture of the country is a constitutional mandate. E
In UNESCO Convention on the means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property adopted in the General Conference of the
United Nations Educational, Scientific and Cultural
Organization,            meeting        in      Paris      from F
 12th October to 14th November 1970, at its sixteenth session,
which has been duly ratified by India, the spirit of the said
mandate has been reiterated. The International Council of
Museums (ICOM) (working with the support of UNESCO) has
issued guidelines for disaster preparedness in Museums G
which are well known to those concerned with the
management of Museums. The UNESCO in its quarterly
journal "Museum" has suggested measures for security of
museum objects in the light of studies undertaken by it.
                                                                 H
340          SUPREME COURT REPORTS              [2015] 2 S.C.R.


A  Performance audit of preservation and conservation of
   Monuments and Antiquities is also conducted by the
   Comptroller and Auditor General of India (CAG).
   In its 181h report of 2013, various observations have been
   made by the CAG. Learned counsel for the respondents
8 accept the legal position and also submit that the security
   and maintenance of historic artefacts requires serious and
  continuous efforts by technically trained persons. The
  challenges pointed out by the respondents, who are running
  and managing museums, in their affidavits that there are
C space constraints, manpower shortage and lack of other
  resources need to be looked into by the Ministry of Culture
  and other concerned authorities and appropriate monitoring
  mechanism needs to be put in place. Requisite funds have
  to be allocated so as to ensure safe keeping of the valuable
D artefacts.

        16. In view of assurance of learned Additional Solicitor
  'General and other counsel for the respondents, it may not
   be necessary to give any specific direction at this stage.
E There is no reason to doubt the stand of the Central
   Government and the other respondents that all necessary
   steps will be taken and reviewed from time to time. This
   Court expects that the Secretary, Ministry of Culture will
   review the matter and take such necessary steps as may
F be identified within one month from the date of receipt of a
   copy of this order. Thereafter, review meetings may be held
   at least once in every six months to consider further course
   of action. If any grievance survives, it will be open to any
   aggrieved person to take legal remedies in accordance with
G law.
      17. With the above observations, the writ petition is
      disposed of.

      Nidhi Jain                         Writ Petition Disposed of.
H