Qutub Minar Controversy: The Archaeological Survey of India (ASI) filed a counter-affidavit at the Saket District Court on May 24, 2022 stating that Qutub Minar is not a place of worship and its existing status cannot be altered. The affidavit was filed as an interim application in response to the plea seeking restoration of 27 Hindu and Jain temples inside the Qutub Minar complex and urges the plea to be dismissed.
The ASI, while admitting that there are a number of sculptures existing within the Qutab Minar Complex, opposed a petition saying that it cannot revive worship at a protected monument site. "Qutub Minar monument is a protected monument under Section 3(3) of the Ancient Monuments Preservation Act, 1904 and it is being maintained 'in-situ' is the same condition," read ASI's statement.
The Saket Court reserved its order on the appeal seeking restoration of the Hindu Temples in the Qutub Minar complex on May 24th. Delhi Additional District Judge Nikhil Chopra has posted the matter for pronouncement of the verdict on June 9.
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ASI's statement on Qutub Minar Row: Know in 7 Points
1. ASI stated that there is no provision under the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) 1958, under which worship can be started at any living monument.
2. ASI clearly stated that as per provisions of AMASR Act 1958 and Rules 1959, changing and alteration of the existing structure is not permissible.
3. ASI further clarified that agreeing to the contention of any person claiming a fundamental right to worship in this centrally protected monument will be contrary to the provisions of the AMASR Act, 1958.
4. The basic principle of protection /conservation is not to allow starting of any new practice in a monument declared and notified as a protected one under the Act.
5. Revival of worship is not allowed wherever it is not practiced at the time of protection of a monument.
6. Fundamental right cannot be availed in violation of any status of the land.
7. Though the provisions under Sections 14, 16 and 17 of the AMASR Act 1958 allow pooja, worship and maintenance of property but the sections are in a different context.
Section 14: It is related to the Maintenance of certain protected monuments
Section 16: It is related to the protection of the place of worship from misuse, pollution or desecration.
Section 16 (1): It states that a protected monument maintained by the Central Government under this Act, which is a place of worship or shrine, shall not be used for any purpose inconsistence with the character.
| Qutub is not a place of worship and since the time of its protection by the Central Government, Qutab Minar or any part of Qutab Minar was not under worship by any community, said ASI in its reply. |
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Hindu Temples in Qutub Minar
ASI's statement came in response to the plea filed on behalf of Hindu and Jain deities seeking restoration of the 27 Hindu and Jain temples inside the Qutub Minar Complex. The plea alleges that the Quwwat-Ul-Islam Masjid located within the Qutub Minar Complex in Mehrauli was built in place of a temple complex.
The petitioner alleges that the temples were desecrated and damaged under the command of Qutub-Din-Aibak and the mosque was raised reusing the materials. The petition sought that Lord Ganesh, Goddess Gauri, Lord Vishnu, Lord Shiva, Sun God, Lord Hanuman and Jain deity Tirthankar Lord Rishab Dev have the right to be "restored" at the site of Quwwatul Mosque Complex after rebuilding the temple complex with the same honour and dignity. The petition was filed by the petitioner on behalf of the Hindu deity Lord Vishnu and Jain deity Tirthankar Lord Rishabh Dev.