HC wants 300-yr-old tomb removed from Law college; ASI to appeal

NEW DELHI:The Madras High Court’s recent direction to the Union Ministry of Culture to remove an over 300-year-old legally protected tomb from the court complex has invited sharp criticism from a section of top archaeologists of the country.

The ASI is now preparing to file an appeal against the order in the division bench of the HC.

The monument in question is a tomb built by Elihu Yale, the Governor of Madras from 1687 to 1692, in the memory of his son, David Yale and his friend Joseph

Hynmer. After his return to Britain, Yale contributed a substantial amount of his fortune which he had amassed in India to a “Collegiate School” which was later renamed Yale College and then to Yale University, as it is currently known.

The Archaeological Survey of India (ASI) declared the tomb a ‘protected monument’ for the first time in 1921 under the then Ancient Monuments Preservation Act, 1904.

The relocation of the tomb, located in the Madras Law College compound, has been proposed to pave the way for a multi-level parking to cater to the surge in number of vehicles occasioned by the increase in number of advocates, staff, litigants, government officials, etc.

The Madras HC, which passed the relocation order on a petition of an individual named B Manoharan, is of the view that the

Retd ASI official tomb has neither archaeological value or historical importance, nor an artistic masterpiece that warrants its maintenance as a protected monument.

During the hearing of the case, the ASI opposed the relocation on the ground that it is against Article 49 of the constitution which assigns a responsibility to states to protect every monument or place or object of artistic or historic interest.

Dr M Nambirajan, Joint Director General (Retd), ASI, says the tomb is historically important as it was constructed by Ehilu Yale who founded the world famous Yale University and embodies in it the remnants of burial architecture of the British era of the late 17th century.

“Tombs of these times are usually simple and limited in ornamentation/decoration and are invariably inscribed. These tombs cannot be compared with elaborate architecture of places of worship, forts, Mughal tombs etc in deciding its historical, architectural or aesthetic importance /features,” Dr Nambirajan said, adding, the matter should better be left to the Archaeological Officers, who are experts on these matters.

The tomb, constructed by Ehilu Yale, embodies the remnants of burial architecture of British era of late 17th century —Dr M Nambirajan,