In a contentious legal development, a court in Ajmer, Rajasthan, has issued notices to the Union Ministry of Minority Affairs and the Archaeological Survey of India (ASI) in response to a lawsuit filed by the Hindu Sena, claiming that the site of the revered Dargah of Khwaja Moinuddin Chishti was originally a Shiva temple.
The Ajmer munsif criminal and civil court (west) will next hear the case on December 20. The lawsuit, filed by Hindu Sena president Vishnu Gupta, asserts “historical evidence” supporting the existence of a Shiva temple at the site before the construction of the dargah dedicated to the 13th-century Sufi saint.
Details of the Petition
The Hindu Sena’s petition references Har Bilas Sarda’s 1911 book Ajmer: Historical and Descriptive, which reportedly mentions remnants of a pre-existing Shiva temple being used in constructing the dargah. The petition also seeks an ASI survey to investigate claims that the shrine’s dome contains parts of the temple and that a sanctum sanctorum lies in the basement.
The lawsuit’s counsel emphasized that religious rituals were purportedly performed at the site until the temple was dismantled. The 38-page petition includes multiple references to historical evidence supporting their claim.
Similar to Gyanvapi and Mathura Cases
The Ajmer dargah case draws parallels to the ongoing Gyanvapi mosque dispute in Varanasi, where multiple Hindu plaintiffs allege the mosque was built over a demolished temple, and the Krishna Janmabhoomi-Shahi Idgah case in Mathura, which involves ownership disputes over sacred land.
In the Gyanvapi case, the ASI has already conducted surveys under court orders. However, the Places of Worship Act, 1991, which prohibits altering the religious character of places of worship as they existed on August 15, 1947, has been cited by critics of these legal challenges. Hindu Sena’s advocates argue that the Act does not negate their claims.
Reactions
Hindu Sena’s Stand
Advocates for the Hindu Sena claim that their petition aims to uncover historical truths. Vijay Sharma, one of the counsels, stated, “The evidence suggests that a Shiva temple existed at the site. The survey will validate these claims.”
Response from Dargah Caretakers
Syed Sarwar Chishty, secretary of the Anjuman Moinia Fakhria, strongly refuted the allegations, describing them as “baseless and divisive”. He stated, “The dargah is among the most sacred sites for Muslims globally. Such claims aim to disrupt communal harmony and deeply hurt devotees’ sentiments.”
Next Steps
The court has directed the Hindu Sena to submit evidence, affidavits, and a Hindi translation of their petition. Both the Ministry of Minority Affairs and ASI have been asked to respond.
As the hearing approaches, this case is likely to further intensify debates on historical claims and the intersection of faith, law, and communal harmony in India.
