On Thursday, a Delhi court postponed its decision on an appeal seeking the restoration of Hindu and Jain temples as well as deities at the Qutub Minar complex.
During the hearing, the Saket court in the national capital noted that a new application had been filed in the case, and the matter was accordingly postponed until August 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 within the Qutub Minar complex in Mehrauli was built in place of a temple complex on May 24, after a detailed hearing in the matter.
The appellant claimed that in 1198, during the reign of Mughal Emperor Qutub-Din-Aibak, around 27 Hindu and Jain temples were desecrated and damaged, prompting the construction of the said mosque in their place.
The suit was opposed by the Archaeological Survey of India, which claimed that “fundamental rights cannot be exercised in violation of any land status.”
According to the ASI’s affidavit, “it will be contrary to the provisions of the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act), 1958 to agree to the Respondents’ or any other person claiming a fundamental right to worship in this centrally protected monument.”
The civil suit sought restoration of the alleged temple complex, which included as many as 27 temples, on behalf of Jain deity Tirthankar Lord Rishabh Dev and Hindu deity Lord Vishnu (through their next of kin).
According to the lawsuit, the temples were dismantled, desecrated, and damaged under the command of Slave Dynasty Emperor Qutub-Din-Aibak, who built the Quwwat-Ul-Islam Mosque on the same site.
The ruler was unable to completely demolish the existing temples, and only a partial demolition was carried out after reusing the temples’ materials, according to the document.
Civil Judge Neha Sharma stated in December last year that the plaintiffs do not have an absolute right to restore and worship in the property because public order is an exception under Articles 25 and 26 of the Constitution. This necessitates maintaining the status quo and ensuring that the protected monument is not used for religious purposes.
It is also well known that Quwwat-Ul-Islam Masjid was built on top of existing temples, but the property was not used for religious purposes, and no prayers were offered there.
The court said that wrongs may have been done in the past, but “such wrongs cannot be the basis for disturbing the peace of our present and future,” the court said.