Delhi court defers verdict in plea to worship inside Qutub Minar complex after man moves court claiming ownership of complex

A Delhi Court on Thursday deferred its verdict in the suit seeking restoration of Hindu and Jain temples at the Qutub Minar complex in the capital..Additional District Judge Dinesh Kumar who was to deliver verdict in the matter today, did not do so after noting that a new application has been filed by a Delhi resident claiming ownership of the property where the Minar is located.Advocate ML Sharma, appearing on behalf of one Kunwar Mahendra Dhwaj Prasad Singh, said that Singh is the rightful owner of the property of Qutub Minar and, therefore, the minaret along with Quwwat-ul-Islam inside the complex mosque should be given to him.The Court asked the ASI as well as contesting parties to file a reply to this application and posted the case for further hearing on August 24..The suit before the District Judge has challenged an order passed in December 2021 by civil judge Neha Sharma. Judge Sharma had dismissed the suit seeking restoration of 27 Hindu and Jain Temples in Delhi's Qutub Minar complex. The suit filed on behalf of deities Lord Vishnu and Lord Rishabh Dev through their next friend advocates Hari Shankar Jain and Ranjana Agnihotri has sought restoration of deities within the complex and the right to do puja and darshan of the deities.The suit alleged that the Quwwat-Ul-Islam mosque, which was declared a protected monument under Section 3 of the Ancient Monuments Preservation Act was built after destroying these temples.The civil judge's order held that past wrongs cannot be the basis for disturbing peace of our present and future.It had held 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. Once a monument has been declared to be a protected monument and is owned by the government, the plaintiffs cannot insist that the place of worship must actually and actively be used for religious services, the order passed in December 2021 had stated..Advocate Hari Shankar Jain appeared for the plaintiff in appeal and argued that there has been a denial of fundamental rights (under Article 25) to the petitioners. "The genesis of this case from the very beginning is the admission that there were 27 Jain temples and those were demolished by Mohammedan invaders, first Qutubuddin Aibak...Why can't it (temples) be restored?" Jain argued.He referred to an iron pillar in the middle of the monument, which had Sanskrit shlokas or verses inscribed on it.When the Court enquired which right was being invoked to seek such a prayer, Jain responded that once a property belonged to a deity, it always remained deity property."Once deity property, always deity property. It is never lost. After demolition, temple won't lose divinity, sanctity. If deity survives, right to worship survives," he submitted..The ASI, in an affidavit filed earlier, informed the Court that architectural members and images of Hindu and Jain deities were reused for the construction of the Qutub Minar complex.It also contended that the same cannot be a ground to claim the right to worship at monuments protected under the Ancient Monument and Archaeological Sites and Remains Act, 1958 (AMASR Act).Advocate SC Gupta, representing the ASI, emphasised that there was no reason to interfere with the order under challenge. He cited an order of the Delhi High Court which observed that the character once frozen in that monument could not be changed as per the AMASR Act."Characters of the place where allowed or not allowed for worship is governed by the day it comes under protection. It is for this reason we have monuments for places of worship and not places for worship," the ASI counsel stated.He reiterated that the fundamental right under Article 25 was not an absolute right granted by the Constitution.