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The plea stated that “no account which states that the Ajmer Dargah was built over a vacant land but the historical accounts suggests that there exists Mahadeva temple and Jain temples at the site of Ajmer Dargah where Hindus devotees were worshipping their lords”.
An Ajmer District Court issued notice to the Archeological Survey of India (ASI) in a suit filed by Vishnu Gupta, the National President of Hindu Sena, raising concerns over the alleged destruction of an ancient Hindu temple under the Dargah Khwaja Saheb.
Vishnu Gupta, through Advocate Shashi Ranjan, claimed that he conducted detailed research into Ajmer's historical and cultural heritage, referencing texts such as Ajmer Historical and Descriptive by Har Bilas Sarda and A History of Sufism in India by Saiyid Athar Abbas Rizvi. Per his findings, the Ajmer Dargah was built on pre-existing structures, including gateways and domes exhibiting architectural features characteristic of Hindu and Jain temples.
Gupta also examined Mughal-era records, including texts such as Taj Mahal: The Illumined Tomb, which contained no references to the origins of the Dargah or its gateways. Historical accounts indicated that the construction date of the Dargah gateway remained uncertain.
According to Gupta, Ajmer Historical and Descriptive highlighted the existence of cellars beneath the courtyard connecting the Buland Darwaza and the inner courtyard, which were identified as remnants of an old Hindu structure. These cellars reportedly contained intact rooms. He argued that the Dargah appeared to have been built during the early Muslim period by modifying pre-existing Hindu temples, a practice prevalent at that time.
“Determining the true character of any ancient monument is a starting point for the ASI to discharge its statutory duty to determine the character and nature of the premises in question, viz. whether a Temple or Dargah or to what extent are traits of temple along with the deity present in the premises”, the plea stated.
Gupta asserted that the alleged destruction of the Mahadeva Temple and its unlawful occupation violated fundamental rights guaranteed under Article 25 of the Indian Constitution. He viewed the actions as an affront to religious sanctity and sought legal intervention to safeguard the temple's religious identity.
“Hindu Temple of Lord Mahadev which was destroyed and illegally, unlawfully occupied by Defendant No. 1 is a brutal and blatant attack...the fundamental right guaranteed under Article 25 of the Constitution of India”, the plea stated.
In his plea, Gupta sought a declaration recognizing Bhagwan Shri Sankatmochan Mahadev Virajman as the rightful owner of the disputed property, along with a prohibition on interference with religious rituals and worship. He also requested the nullification of the property's registration as a Dargah, deeming it unlawful, and called for the removal of structures over the Mahadeva Linga. Additionally, he sought the reconstruction of the temple and the restoration of worship for devotees.
Case Title: Bhagwan Shri Sankatmochan Mahadev Virajman v Dargah Committee Dargah Khwaja Saheb (Civil Suit/437/2024)
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