Legal Dispute Over Ajmer Dargah; Court Issues Notices to Minority Affairs Ministry and ASI

A court in Rajasthan’s Ajmer has issued notices to the Union Ministry of Minority Affairs, the Archaeological Survey of India (ASI), and the Dargah Khwaja Saheb Committee in response to a lawsuit filed by the Hindu Sena. The organization claims that the site of the revered dargah of Khwaja Moinuddin Chishti, a 13th-century Sufi saint, was originally the location of a Shiva temple. The case has sparked a contentious debate, echoing other temple-mosque disputes across India.

The Ajmer Munsif criminal and civil (west) court has set December 20 as the next hearing date for the case.

Hindu Sena’s Claim About Evidence of a Shiva Temple

The Hindu Sena, led by president Vishnu Gupta, filed the lawsuit in September, arguing that the dargah was built over a demolished Shiva temple. To support their claim, the organization submitted a copy of the 1911 book Ajmer: Historical and Descriptive by Har Bilas Sarda. The book reportedly states that remnants from a pre-existing temple were used in constructing the dargah.

Advocate Yogesh Suroliya, representing Hindu Sena, said, “We informed the court that there were continuous religious rituals at the temple till it was razed.” Another counsel, Ram Swaroop Bishnoi, highlighted the historical significance of the site and called for a survey by the ASI. “The dome of the dargah contains pieces of the temple, and there is evidence of a sanctum sanctorum in the basement,” Bishnoi argued.

Ajmer Dargah’s Parallels with Gyanvapi and Krishna Janmabhoomi Cases

The Ajmer dargah dispute bears similarities to the Gyanvapi mosque case in Varanasi and the Krishna Janmabhoomi litigation in Mathura. Both involve claims by Hindu plaintiffs that mosques were built over destroyed temples. In the Gyanvapi case, the ASI conducted a court-ordered survey to examine the site, and the Krishna Janmabhoomi case involves a contentious ownership dispute over the Shahi Idgah land.

The Ajmer lawsuit raises questions about the applicability of the Places of Worship Act, 1991, which maintains the status quo of all religious places as they stood on August 15, 1947. Hindu Sena argues that this act does not apply to their case.

Recent Developments in the Ajmer Dargah Case

The lawsuit’s progression was initially delayed due to jurisdictional issues, leading the district and sessions judge to transfer it to the munsif court (west). The court also requested that the 38-page petition, originally filed in English, be translated into Hindi and submitted with evidence and an affidavit.

The Hindu Sena’s legal team has included 38 references in their petition to substantiate their claim of a pre-existing Shiva temple at the dargah’s location. They are demanding an ASI survey to investigate these claims thoroughly.

Reactions from the Muslim Community

Representatives of the Muslim community have strongly rejected the Hindu Sena’s claims. Syed Sarwar Chishty, secretary of the Anjuman Moinia Fakhria, which represents the hereditary caretakers of the dargah, labeled the assertions as baseless and harmful to communal harmony.

“These frivolous assertions are aimed at harming the country’s communal harmony. The dargah is one of the most revered places for Muslims after Mecca and Medina. Such actions deeply hurt the sentiments of devotees worldwide,” Chishty said in a video statement.

The Significance of the Ajmer Dargah

The dargah of Khwaja Moinuddin Chishti is one of India’s most sacred Islamic sites and attracts millions of pilgrims from around the world each year. It is renowned for fostering interfaith harmony, with people of all religions visiting to seek blessings.

However, the current dispute highlights the increasing tensions surrounding historical religious sites in India. Legal and political ramifications of these cases could set significant precedents for similar disputes across the country.