Permission for puja cannot be given at the Qutub Minar site : Archaeological Department
The Decision about the Petition by the Hindus will be given on the 9th of June
The Mosque was built on the Qutub Minar site by destroying 27 Hindu and Jain temples
New Delhi – The petition filed in the Saket Court, by the Hindu side for permission to perform puja at the Qutub Minar site, was heard on 24th May. During which the Archaeological Department submitted an affidavit to the Court that said ‘the right to perform puja cannot be given on the Qutub Minar site’. The Hindu side presented its argument. The Court has reserved its decision about it till the 9th of June. The Court has asked both the Hindu and Muslim sides to give their views about this matter in writing in one week. Earlier the Court had refused the Hindu side’s petition.
Qutub Minar case: Deity survived 800 years without worship, let that continue says judge https://t.co/8tP97QAVRh #SupremeCourt
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1. 27 Hindu and Jain temples were destroyed and a mosque was built in their place within the Qutub Minar area. Even today, there are many Idols of Hindu Deities in that area. Hence, the Hindus should be given the right to worship here, the lawyer, H.H. (Adv.) Hari Shankar Jain, of the Hindu side, told the Court. To this, the Court said the Deities have been without puja for the last 800 years, so they can be left without puja now too.
2. H. H. (Adv.) Hari Shankar said, we have proof that 27 Hindu and Jain temples were destroyed and the ‘Quwwat-ul-Islam’ Mosque was built at that site. Hence, we should be given permission to perform puja here. And a temple trust to be established.
3. To this, the Court asked, ‘Do you think that a memorial should be made into a place of worship ? H.H. (Adv.) Hari Shankar Jain responded, ‘we do not want any temple here, just want the right to worship.’
4. The Court said that the Mosque is not in use now. Why are you making a demand for a temple at the site of the mosque ?
5. To this, H.H. (Adv.) Hari Shankar Jain said that ‘the Hindus are doing puja in many protected sites.’ The Court responded ‘yes that is so, but here you are demanding that a temple be built because ‘800 years ago there was a temple on this site which should be rebuilt’ is your demand. How can such a demand be made when the temple lost its existence 800 years ago ?
6. H.H. (Adv.) Hari Shankar Jain said that the Supreme Court in the Ayodhya case had opined that the Deity is always there. The land that belonged to the Deity always belongs to Him till He is immersed. This was accepted by the 5 Judge Bench of the Supreme Court. Even if the Idol of the Deity is broken or the temple pulled down, the Divinity and sanctity of the Deity are not lost or over. The Qutub Minar site still has Idols of Mahavir, Ganesh, and other Deities. There is the existence or presence of the Deities and hence, the right to worship is also there. This site cannot be considered disputed as for 800 years no namaz has been offered in the mosque.
7. The lawyer for the Archaeological Department, Subhash Gupta said that the Qutub Minar is a protected site. Hence, no permission can be given for performing any religious activity. Its nature cannot be changed. So, the petition should be repealed. No puja was being performed when Qutub Minar came under the jurisdiction of the Department. The Lower Court had said that the devotees have a right as per religion, but in this case, they do not have a right to do puja. A memorial maintains the same character that it had when it came under the jurisdiction of the Archaeological Department. Hence, in some places, they have a right to perform puja and in some places, they do not.