Historical Hearing: Ajmer Court Paves Way for Inquiry into Ancient Temple Claims within Ajmer Sharif Dargah.

Ajmer Dargah Case: Court Rejects Application of ASI and Minority Affairs Department, Paves Way for Further Proceedings to Investigate whether it is Sankat Mochan Mahadev temple.

Upendra Bharti | HENB | Ajmer | Sept 6, 20-235:: The Ajmer Civil Court has delivered a significant verdict in the ongoing case regarding the claim of a Sankat Mochan Mahadev temple ^{[1] [2]} within the premises of Ajmer Sharif Dargah. The court rejected the 7/10 application filed by the Archaeological Survey of India (ASI) and the Central Minority Affairs Department, which sought to exclude the Government of India from the case.

Background of the Case

The case was filed by Vishnu Gupta, National President of Hindu Sena, who claims that the Ajmer Sharif Dargah was originally a Shiva temple. Gupta’s petition cites a book by retired judge Harvilas Sharda, written in 1911, which describes Hindu carvings and iconography visible around the dargah, including the Buland Darwaza. The petition also alleges that debris from a Shiva temple was used in building the dargah.

Court’s Decision

The court’s decision to reject the 7/10 application allows the case to proceed without being dismissed on technical grounds. The ASI and the Central Minority Affairs Department had argued that the case is not maintainable under the rules of 79 and 80. However, the court disagreed, paving the way for further proceedings.

Key Developments

– Rejection of 7/10 Application: The court rejected the application filed by the ASI and the Central Minority Affairs Department.
– Dargah Committee’s 7/11 Petition: The Dargah Committee filed a petition repeating similar arguments.
– Complainant’s Response: The complainant side will present an answer to the Dargah Committee’s petition and demand its rejection.
– Court’s Next Steps: The court will hear the petition  filed earlier by the Dargah Committee on Nov 1 as fixed and proceed with the case.

Next Steps

The Dargah Committee has filed a 7/11 petition, which repeats similar arguments, including the applicability of the Worship Act and lack of notice. The complainant side will present an answer to the Dargah Committee’s petition and demand its rejection. The court will hear the petition filed earlier by the Dargah Committee on November 1 and proceed with the case.

Reactions of Vishnu Gupta

Vishnu Gupta, the complainant, expressed satisfaction with the court’s decision, stating that “the truth will soon come before the world.” Gupta’s lawyer, Sandeep Kumar, said that the court will hear the petition filed earlier by the Dargah Committee and that the complainant side will demand the rejection of the application 7/11 of the Dargah Committee.

What said Petitioner’s Advocate

Petitioner’s Advocate Sandeep Kumar says, “Today, through the Dargah Committee, an application was submitted under Order 7 Rule 11 (7/11), stating that our claim is not maintainable and should be rejected. The hearing on that application is scheduled for 3:30 PM. However, prior to that, an application under Order 7 Rule 10 (7/10), filed by the Archaeological Survey of India and the Ministry of Minority Affairs, raised objections on the grounds of jurisdiction and alleged violation of Sections 79 and 80 of the Civil Procedure Code. The court has observed that there is no provision under Sections 79–80 for withdrawal of a petition, and the issues raised do not fall within the scope of an application under Order 7 Rule 10. Therefore, the application under 7/10 has been rejected.”

Implications

The court’s decision has significant implications for the case, allowing it to move forward and potentially leading to a survey of the dargah. The case has sparked controversy and debate, with some former Indian bureaucrats and diplomats condemning the demand for a survey as an attack on India’s cultural heritage.
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__Inp[uts from PTI and ETv News Rajasthan.