The Archaeological Survey of India (ASI) on Tuesday opposed a plea for restoration of Hindu and Jain deities inside the Qutub Minar complex, saying it is not a place of worship and the existing status of the monument cannot be altered. The ASI submitted in the Saket Court here that it would be contrary to the law to agree to the contention of any person claiming a fundamental right to worship in this “centrally protected” monument.
The ASI, however, said the architectural materials and images of Hindu and Jain deities were re-used in the construction of the Qutab complex.
“Fundamental rights 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,” the ASI said.
The ASI said revival of worship was not allowed wherever it was not practiced at the time of protection of a monument. “Qutub Minar is not a place of worship and since the time of its protection by the Central Government, Qutub Minar or any part of Qutub Minar was not under worship by any community,” it said.
The counsel for the ASI further said it was very clear from the Persian inscription at the Quwwat-ul-Islam mosque, that the cloisters were erected with carved columns and other architectural members from 27 temples.
“Inscription is clear that the mosque was built with the remains of these temples. But nowhere it’s mentioned that the materials were retrieved by demolishing temples. Also, it is not clear if they were retrieved from the site or brought from outside… Not demolished but remains of temples used for construction,” the counsel said.
He said there is no provision under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act under which worship could be started at any living monument.
“The intention of the statute is clear that the monument should be protected and preserved in its original condition for posterity. Therefore, changing and alteration of the existing structure would be a clear violation of the AMASR Act and thus should not be allowed,” the ASI counsel said. He said as per the petitioner’s submissions, for 800 years the monument was in the same condition.
During the hearing, the court observed that in south-India, many monuments are not being used and prayers are not being offered.
“Now you want the monument to be turned into a temple. My question is how you claim a legal right for restoration for something which happened 800 years ago,” the judge asked. At this, the petitioner said, “Once deity property, always deity property. It is never lost”, adding that it was his “fundamental right to worship.”