Thread by @LawBeatInd

A Delhi Court is hearing a plea against an order which dismissed a plea seeking restoration of Hindu temples at the Qutub Minar complex in the capital

Advocate Hari Shankar Jain is arguing. He is submitting before the court that the right to worship requires looking into and any public order which says otherwise is in the teeth of it #qutabminar

Judge: What is the purpose of the Places of Worship Act 1991.

Hari Shankar Jain is arguing, the Judge however asks one of the persons present there, “Mr. Ali, you cannot record these proceedings”. He asks him to delete them

Judge: No one’s presence is a problem, this is a democratic set up. A number of times, media reports incorrectly! Even a simple adjournment is recorded and projected as observations.

Judge goes back to the question. He asks Jain what the purpose is of the Places of Worship Act. Jain is reading out the object and purpose of the Act. #qutabminar #temples

Hari Shankar Jain says that the Act is not applicable to the present case.

Judge: You are saying that Section 3 & 4(1) a of the Places of Worship Act does not apply in case of monuments? Even after 800 years?

Hari Shankar Jain: Even if its a 1000 years.

Hari Shankar Jain argues that for ascertainment of a religious character of a place, the act does not apply, regardless of status quo having been fixed at August 15, 1947.
Judge says he would like to know what the anomaly is with the order he has challenged.

Hari Shankar Jain vociferously argues that he has the right to establish right to worship on the temple which has not been in use for 800 years, he has the right to lead evidence and that it is why the order which dismissed his suit deserves to be overturned. #qutabminar

“Divinity is forever, once a deity resides there,” HariShankar Jain argues for restoration of Hindu temples at Qutab Minar complex.

ASI poses skeletal questions to Court: One question which has been asked whether there is a right to worship here.
Another question is whether character changes.
Another question is whether idols, iron pillars show anything.

ASI’s lawyer says that the “character of a place freezes” as on August 15, 1947 and a judgment from 1999 states this #qutabminar

ASI’s lawyer: Whether worship can be allowed or not is determined as on date the place comes under protection of the Archeological Survey of India. Any objections have to raised within 60 days. #qutabminar

Judge: What about the fact that “once a deity always a deity”?

ASI lawyer: I will come to that. The Ancient Monuments and Archaeological Sites and Remains Act 1958 has to be read. The rights of worship are NOT absolute in nature. This is not an absolute fundamental right.

ASI’s lawyer says that wrt the materials used in Qutab Minar, it is not even clear whether they were derived from the site itself or were brought from outside.

ASI’s lawyer: Qutab Minar is NOT a place of worship.

Judge: Then why are you arguing on Places of Worship Act?

ASI: Mosque was constructed by the remains of 27 temples. It is evidently on the inscription. But question of “demolition” of temples is not in question. Because that is unclear.

Harishankar Jain says that the character of the complex has a religious character.

Judge: But his (ASI) take is that it was not a religious place. #qutabminar

ASI’s lawyer says that it was under protection in 1904. And the court must look at available documents and records.
“It is only now that such things have come up”

Hari Shankar Jain: There is NO restriction, no restriction! #qutabminar

Judge: Mr. Gupta, question is Fact Vs. Fact. You are saying its not a religious place, he is saying it is, one which pre-existed the place. Can this be decided under Order 7 Rule 11? #qutabminar

BREAKING: Delhi Court to decide on 9th June 2022, as to whether the petition challenging dismissal of suit seeking restoration of Hindu Temples in Qutab Minar Complex will be allowed. #qutabminar #temples