Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • In Tirthankar Lord Rishabh Dev through next friend Hari Shankar Jain vs Union of India, a  Saket District Court in Delhi has reserved its order in the appeals preferred against the order of the Civil Judge dismissing a Civil Judge order dismissing the suit which alleged that the Quwwat-ul-Islam Masjid situated within the Qutub Minar Complex was built in place of a temple complex and sought restoration of the same.  
  • The original petition was filed before a District Court in Delhi on behalf of Jain deity Tirthankar Rishabh Dev and Hinu God Vishnu by advocates Hari Shankar Jain and Ranjana Agnihotri. The petition included a short history which purportedly displayed by the ASI which narrates how 27 temples were demolished by Qutub-ud-din Aibak and the Quwwat-ul-islam Mosque was raised in their place by reusing the material. 
  • The plea sought to declare that Lord Vishnu, Lord Shiva, Lord Ganesh, Goddess Gauri, Lord Hanuman and Jain deity Tirthankar Lord Rishabh Dev have the right to be restored within the temple complex at the site of Quwwat-ul-Islam Mosque complex after rebuilding it with the same honour and dignity.
  • The lower Court had rejected the suit after noting that the same was hit by the provisions of the Places of Worship Act and rejected the plaint under order 7 Rule 11(a) of CPC, for non-disclosure of cause of action. It was also observed that the wrongs of the past cannot be the basis of disturbing the present peace and that allowing the same would disturb the present fabric of the constitution and its secular character.
  • Opposing the plea, the Archaeological Survey of India has told the Court that Qutub Minar is not a place of worship and alteration of the existing structure is not permissible. The ASI also claimed that Qutub Minar is a monument, and that no one can claim fundamental rights over a structure. It also added that no right to worship can be granted at this place. 
  • It was further stated by the ASI that there is no provision in the AMSAR Act of 1958 under which worship can be started in any living monument. 
  • The Hon’ble District Court has reserved the judgement for the 9th of June. 
     
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