Archaeological Survey of India said that no one can claim a fundamental right over a monument.
Delhi's Saket Court on Tuesday reserved the order on an appeal regarding the restoration of 27 Hindu and Jain temples in the Qutub Minar complex in Mehrauli.
The appeal suit alleges that the Quwwat-Ul-Islam Masjid situated within the Qutub Minar complex in Mehrauli was built in place of a temple complex.
Additional District Judge Nikhil Chopra on Tuesday after hearing the lengthy submissions of the appellant and other parties reserved the judgement in the matter and fixed June 9, 2022, for order.
The court also said that parties would be at liberty to file brief synopses if any within a week, with an advance copy to the opposite party.
Advocate Vishnu Jain appearing for the petitioner apprised the court that Quwwat-Ul-Islam Masjid, situated within the Qutub Minar complex in Mehrauli, was built in place of a temple complex.
He read Section 16 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 that says, "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 inconsistent with its character."
"Once a deity always a deity and it has its dignity forever. It is the determination of character," he submitted.
Meanwhile, counsel appearing for the Archaeological Survey of India (ASI) opposed the appeal, and said that the Qutub Minar is a monument and no one can claim a fundamental right over such a structure. As per the Ancient Monuments Act, the Qutub Minar Complex is a monument and no right to worship can be granted at this place.
There is no provision under the AMASR Act, 1958 which states that worship can be started at any living monument. The Delhi High Court had clearly mentioned in its order dated January 27, 1999, stated ASI.
The suit was filed on behalf of Jain deity Tirthankar, Lord Rishabh Dev, and Hindu deity Lord Vishnu through their "next of friends", seeking restoration of the alleged temple complex, comprising as many as 27 temples.
"The suit was filed to preserve and protect the religious and cultural heritage of India and to exercise the right to religion guaranteed by Article 25 and 26 of the Constitution of India by restoring 27 Hindu and Jain temples with respective deities which were dismantled, desecrated and damaged under the command and orders of Qutub-Din-Aibak, a commander of invader Mohammad Ghori, who established slave dynasty and raised some construction at the same very place of temples naming it as, Quwwat-Ul-Islam Mosque," the suit said.
The plea claimed that according to the ASI, 27 Hindu and Jain temples were demolished and Quwwat-ul-Islam Mosque was raised inside the complex reusing the materials and sought to "restore" the demolished temples.
The suit sought to declare that Lord Vishnu, Lord Shiva, Lord Ganesh, Lord Sun, Goddess Gauri, Lord Hanuman, Jain deity Tirthankar, and Lord Rishab Dev have the right to be "restored" within the temple complex at the site of Quwwatul Mosque Complex, Mehrauli, south-west Delhi, "after rebuilding it with the same honour and dignity".
It also sought to issue an injunction directing the Central government to create a trust, according to the Trust Act 1882, and hand over the management and administration of the temple complex situated within the area of Qutub Complex in Mehrauli after framing a scheme of the administration to such trust.
"Pass a decree in the nature of a permanent injunction, restraining the defendants permanently from interfering in making necessary repair works, raising construction and making arrangement for the pooja, darshan and worship of deities in accordance with Sections 16 and 19 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 by a trust, to be created by the Central government within the area," the suit said.
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