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Qutub Minar case: ASI opposes plea seeking restoration of Hindu, Jain temples; verdict reserved for June 9

The Court was hearing the plea filed by advocate Hari Shankar Jain on behalf of Jain deity Tirthankar Lord Rishabh Dev, which claimed that the Quwwat-ul-Islam Mosque inside the Qutub complex was built after the demolition of 27 temples.

The Archeological Survey of India (ASI) on Tuesday opposed the petition seeking restoration of Hindu and Jain temples inside the Qutub Minar complex stating that the existing status of the monument cannot be altered.

“Since 1914, Qutub Minar monument been a protected monument under section 3(3) of the Ancient Monuments Preservation Act, 1904 and is being maintained in-situ in the same condition. There is no provision under AMASR Act 1958 under which Worship can be started at any living monument”, it said as the Delhi Court concluded the hearing on a plea seeking restoration of Hindu and Jain temples inside the Qutub complex.

The Court was hearing the plea filed by advocate Hari Shankar Jain on behalf of Jain deity Tirthankar Lord Rishabh Dev which claimed that the Quwwat-ul-Islam Mosque inside the Qutub complex was built after the demolition of 27 temples. “It is the admitted position for the last 800 years, it wasn’t used by the Muslims. When there is a temple which was in existence much before the mosque, why it can’t be restored?”, Hari Shankar Jain was quoted as saying in a report published in Live Law.

The plea also sought permission to resume worship. However, the ASI asserted that Qutab Minar is not a place of worship and since the time of its protection by the Central Government, Qutab Minar or any part of Qutab Minar was not under worship by any community.

“Fundamental right cannot be availed in violation of any status of the land. The basic principle of protection /conservation is not to allow starting of any new practice in a monument declared and notified as a protected one under the Act. Revival of worship is not allowed wherever it is not practised at the time of protection of a monument,” it added.

ASI admits images of Hindu and Jain deities were used in the construction of the Qutub Minar Complex

The ASI however admitted that architectural members and images of Hindu and Jain deities were re-used in the construction of the Qutab complex. Also earlier, Dharamveer Sharma, the former Regional Director of the ASI had claimed that Qutub Minar was actually Surya Stambh. He said it was erected by Emperor Vikramaditya, not the Mughals. He also stated that the edifice was not built in sections as some historians claim.

Dharamveer Sharma is one of India’s most well-known archaeologists. He has served three times as Superintending Archaeologist at ASI’s Delhi division. Sharma explained that the tower was used as a constellation observatory. The Minaret has 27 binocular sites to compute 27 constellations. He further stated that Surya Stambh is mentioned on the third floor of the Minaret.

The National Monuments Authority (NMA) had also recently requested the ASI for the removal of two Ganesha statues from the Qutub Minar complex. The NMA chairman wrote to ASI, asserting that two Ganesh idols are known as Ulta Ganesh and Ganesh in cage be shifted from the Qutub Minar complex to the National Museum. He considered the placement of the idols insulting and felt their location should be changed.

The ASI on May 24 stated that one image of Lord Ganesha which is on the lower portion of the wall is protected with a grill to prevent any possibility of someone stepping on it. While another image of Lord Ganesh is in the upside-down position and is embedded in the wall, therefore, may not be feasible to remove or reset the same.

The Court has reserved 9 June for the verdict.

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