Dr Swamy’s letter to ASI.
January 5, 2013.
Archaeological Survey of India,
Government of India,
Delhi Circle, Safdarjang Tomb,
I am in receipt of your letter No. DC/601/2012-M-(U/C)-462, dated 12.12.2012. At this late stage, I cannot accept your “request” to ignore the office letter you had sent me earlier to which I had replied more than nine months ago in a detailed letter dated 2.3.2012. Your claim that you sent me another letter dated 8.11.2012 is prima facie false since I have received no such letter. Hence you are put to strict proof for the same. I also require to know the contents of this letter for which kindly furnish me with a copy of the same.
The matter is not so simple. You cannot send me letters with reckless disregard for facts and then later choose to “request” me to treat your Notice “as null and void”. In fact, first of all, you had informed the media of having sent me the original Notice/letter and gave offensive interviews attributed by the media to “sources in ASI”. Now long after, much after you had been confronted by me with facts, you inform that the said letter be treated as “null and void” forgetting that you have committed a monumental blunder. Yet you do not have the basic decency to apologize to me for the inconvenience and harassment caused. You appear to forget that ASI is a part of the Union Government administration and survives on the tax payers’ money. So you are accountable for your careless and reckless disregard for rules when you issue such an unfounded baseless Notice. You know that under Supreme Court case laws you can be proceeded against for malfeasance in office for this motivated and malafide Notice, which now is “null and void”.
Second, you have not answered any of the queries I raised, especially re: several new buildings being constructed in the ‘A’ Block and ‘B’ Block of Nizamuddin East and on the main road. Have they got ASI permission to build new buildings? You have to answer this query of mine since as a tax payer I am entitled to an answer. But the silly idea seems to be by hook or crook to disrupt my living conditions and my research into the corruption of those in high places in the Government so that I cannot effectively contribute to the administration of justice in the courts. This would invite criminal action against the ASI. Hence, I am putting you on notice on this criminal Contempt of Courts legal action.
Third, your malafide motives to harass me continues under pressure from your political bosses who are upset with my anti-corruption campaign. Now you have sent a fresh letter this time to my wife threatening to demolish a part of the structure where I live. This letter is also based on reckless disregard for facts and law. For instance, this letter to my wife and two daughters is null and void as well since by Section 20D read with Section 20C of the Ancient Monuments and Archaeological Sites and Remains Act (1958), your said Notice is null and void because of sub-section 2D(4), the failure of the Competent Authority to communicate any decision for over 2 years on my wife’s application is deemed to mean that you have granted permission to carry out repairs and renovation on the house wholly occupied by the family.
Hence, please answer these three questions before I can consider your plea to me to treat your February 2012 letter as null and void, and decide what further action under the law of the land can be initiated against the ASI.
( SUBRAMANIAN SWAMY )