Qutub Minar Complex: Delhi court agrees to hear plea challenging dismissal of suit for restoration of temples

A Delhi court on Tuesday agreed to hear a plea challenging the decision of a civil court dismissing a suit seeking restoration of Hindu and Jain temples at the Qutub Minar complex in the capital (Jitender Singh v. Union of India & Ors)..The matter was heard by Additional District Judge Pooja Talwar of Saket Court and has been posted for further hearing on May 11..In December 2021, Civil Judge Neha Sharma of the Saket Court had dismissed the suit, holding that past wrongs cannot be the basis for disturbing peace of our present and future.The suit was filed for declaration that the property in question, known as Quwwat-Ul-Islam, is a huge temple complex that was declared as a protected monument under Section 3 of the Ancient Monuments Preservation Act.The plaintiffs had argued that Qutub ud-Din Aibak, a commander of Mohammed Ghori, destroyed the Shree Vishnu Hari Temple and 27 Jain and Hindu temples, and raised inner constructions within the temple complex.The temple complex was later renamed the ‘Quwwat-Ul-Islam Mosque,’ and since Muslims never declared the place a Waqf property before or after the construction, the same could not be used as a mosque at any point of time, it was claimed..However, the Court had held that the plaintiffs did not have an absolute right to restoration of temples on the property in question. The judgment stated,"The right under Article 25 and 26 of the Indian Constitution have to be exercised subject to just exceptions created. It is an admitted fact that the suit property is a mosque built over temples and is not being used for any religious purpose, no prayers/namaz is being offered in the suit property. Hence, in my considered opinion, plaintiffs do not have an absolute right to restoration and worship in the suit property as public order which is an exception to Article 25 and 26 requires that status quo be maintained and protected monument be used for no religious purpose.".The judge had gone on to observe that fundamental rights enshrined under Article 25 and 26 of the Constitution are not absolute in nature, and that historical wrongs cannot be remedied by the people taking the law in their own hands."Cognizant as we are of our history and of the need for the nation to confront it, Independence was a watershed moment to heal the wounds of the past. Historical wrongs cannot be remedied by the people taking the law in their own hands.".Petitioners are being represented by Advocate Vishnu Shankar Jain and Advocate Amita Sachdeva..Past wrongs cannot be basis for disturbing present and future peace: Delhi Court dismisses suit for restoration of temples in Qutub Minar complex.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.