NEW DELHI: A Delhi court on Thursday adjourned the pronouncement of its verdict on an appeal seeking the restoration of the Hindu and Jain deities inside the Qutub Minar complex. Additional District Judge Nikhil Chopra posted the matter for hearing on August 24.
The appeal was filed against a Civil Judge order which had dismissed the suit which alleged that the Quwwat-Ul-Islam Masjid situated within the Qutub Minar complex was built at the site of a temple complex and sought its restoration.
The court noted that a fresh petition has been filed in the case on behalf of one Kunwar Mahendra Dhwaj Prasad Singh and accordingly deferred the matter for August 24. On May 24, Additional District Judge Nikhil Chopra had reserved the order in the appeal challenging the rejection of a suit alleging that the Quwwat-Ul-Islam Masjid situated within the Qutub Minar complex in Mehrauli was on the site of a temple complex.
The petitioner had submitted that around 27 Hindu and Jain temples were desecrated and damaged in 1198 under the rule of Delhi Sultan Qutub-Din-Aibak the Qutub mosque was constructed at the site. The Archaeological Survey of India had opposed the suit, submitting that the “fundamental rights cannot be availed in violation of any status of the land”. “It will be contrary to the provisions of the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act), 1958 to agree to the contention of the Respondents or any other person claiming a fundamental right to worship in this centrally protected monument,” read the affidavit submitted by the ASI.
Earlier on February 22, allowing the appeal, Additional District Judge Pooja Talwar issued notice to the Union of India through the Ministry of Culture, Director General of Archaeological Survey of India, and Superintending Archaeologist, Delhi Circle, ASI.
The civil suit, filed on behalf of Jain deity Tirthankar Lord Rishabh Dev and Hindu deity Lord Vishnu (through their next of friends), was seeking restoration of the alleged temple complex, comprising as many as 27 temples.
In December 2021, Civil Judge Neha Sharma noted that the plaintiffs have no absolute right to restore and worship in the property as public order which is an exception under Article 25 and 26 of the Constitution.
This requires the status quo be maintained and the protected monument to be used for no religious purpose.
Suit quashed earlier
The appeal was filed against a Civil Judge order which had dismissed the suit which alleged that the Quwwat-Ul-Islam Masjid situated within the Qutub Minar complex was built at the site of a temple complex