Hearing in a case pertaining to plea seeking restoration of Hindu and Jain temples at the Qutub Minar complex, has been deferred to September 13 by a Delhi Court.
The Civil Court Judge Dinesh Kumar from the Saket Court said that another date was given after noting that the counsel for an intervenor sought more time.
The judge ordered that the “Written synopsis have been filed in behalf of the appellants and respondent 1,2,3 in relation to the appeal. Last opportunity to the applicant to argue on the application”
The Archaeological Survey of India (ASI)has clearly brought forth the stand before the Court and said that :
1. The applicant has not claimed specifically any right in the appeal.
2. ASI said why does the claimant claims rights for large and vast areas in different states was sitting idle on it for the last 150 years without raising issue before any court. How can he just any fine morning come to this Court as an impleader without any basis.
3. ASI claimed that due to the absence of taking a stand on this issue in the last 150 years, the issue itself is liable to be dismissed as the period of limitation is several times over.
4. A similar case came before Delhi High Court where one Sultana Begum claiming to be the wife of great grandson of Bahadur Shah Zafar said that she was in possession of Red fort as she is inherited that…the Court dismissed the petition solely on the ground of delay without going into merits. The facts of the two cases are similar. Here he is not even claiming title or possession.
5. Important aspect that ASI brought was that the applicant was not a party to the original suit and this is an appeal…since he was not in the original suit, he has no locus standi to come here and implead himself as one of the parties.
A new application was filed by a Delhi resident claiming ownership of the property where the Minar is located so Judge Dinesh Kumar on June 9,had to defer the order on the plea.
Kunwar Mahendra Dhwaj Prasad Singh, the intervenor, claimed ownership of the Qutub Minar, and asked that the minaret along with Quwwat-ul-Islam Mosque inside the complex mosque should be given to him.
The Court had then asked the ASI along with all contesting parties to file a reply to this application and posted the case for hearing today.
The suit before Judge Kumar challenges the order that was passed in December 2021 by civil judge Neha Sharma, who had dismissed a suit seeking restoration of 27 Hindu and Jain Temples in Delhi’s Qutub Minar complex.
”Past wrongs cannot be the basis for disturbing peace of our present and future” the order held.
It order said that ancient and historical monuments cannot be used for a purpose which runs counter to their nature as religious places of worship, but can always be used for some other purpose which is not inconsistent with their religious character.
The order said that any monument once declared as protected monument and is owned by the government, no claim can be made for using it as the place of worship.
Advocate Hari Shankar Jain and advocate Ranjana Agnihotri sought restoration of deities within the complex and the right to do puja and darshan of the deities.They have filed suit on behalf of deities Lord Vishnu and Lord Rishabh Dev through their next friend.
It was alleged that the Mosque, that has been declared a protected monument under Section 3 of the Ancient Monuments Preservation Act, was built after destruction of the temples.
In an affidavit earlier, the ASI had informed the Court that images of Hindu and Jain deities were reused for the construction of the Qutub Minar complex.
The ASI however made it very clear that that the same cannot be a ground to claim right to worship over monuments.
Under the Ancient Monument and Archaeological Sites and Remains Act, 1958 (AMASR Act), the monument is protected.