Delhi Court on Saturday adjourned till 27th April hearing in the civil suit filed on behalf of Jain deity Tirthankar Lord Rishabh Dev and Hindu deity Lord Vishnu alleging that the Quwwat-Ul-Islam Masjid situated within the Qutub Minar Complex in Mehrauli was built in place of a temple complex thereby seeking restoration of the temple complex comprising of as many as 27 temples.
The adjournment came on account of Civil Judge Neha Sharma being on leave for the day. Advocates Vishnu S. Jain, Amita Sachdeva and Raj Kumar are appearing on behalf of the plaintiffs in the matter.
The civil suit alleges that around 27 Hindu and Jain temples were desecrated and damaged in 1198 under the rule of Mughal Emperor Qutub-Din-Aibak raising the construction of the said Mosque in place of those temples.
During the course of previous hearing dated 24th December 2020, the plaintiffs were questioned by the Court on three major points.
Firstly, on the locus standi of the plaintiffs to sue as a next plaintiffs to sue as a next friend of the diety as well as the worshiper in absence of a shebait or a trust. Secondly, how the relief of declarationthat the dieties have the right to be restored and worshiped with rights and rituals, performance of regular puja within the temple complex claimed as a prayer without claiming the relief of possession. Lastly, on the power of a Civil Court under Trust Act, 1882 to create a trust and hand over the management and administration of the temple complex to such trust.
While referring to the Ayodhya Judgment of 2019 which held that worshipper has a right to institute a suit to recover the property of a idol, the plaintiffs also state that "the worshippers right to worship are being infringed and the atrocities is committed before the enforcement of the Constitution can be remedied in furtherance of exercise of right to religion guaranteed by Article 25 of the Constitution of India."
Partial Demolition
According to the plaintiffs it has been alleged that Qutubdin Aibak, in a view to "show might of islam" ordered the demolition of the temples, partially carried out the demolition work.
It is also contended by the plaintiffs that the said Mosque was never used for any religious purpose by Muslims because a number of images of deities are found on the pillars, roofs, walls of the building.
Permanent and Mandatory Injunction
While seeking a mandatory injunction in for handing over the management and administration of temple complex, the plaintiffs also seek direction on the Central Government to create a trust under the Trust Act 1882 for framing scheme of administration to such trust.
The plaintiffs also seek permanent injunction restraining the defendants permanently from interfering in making necessary repair works, raising construction and making arrangement for Pooja, Darshan and Worship of Deities in accordance with section 16 and 19 of 'The Ancient monuments and Archaeological Sites and Remains Act, 1958' by a Trust.
