The Supreme Court on Friday questioned the maintainability of a plea seeking permission for re-construction of Guru Ravidas Temple in the Tughlaqabad forest area here which was demolished by the Delhi Development Authority (DDA) on the apex court's direction.
The petition has been filed by two former members of Parliament -- Ashok Tanwar and Pradeep Jain Aditya -- who have sought enforcement of their right to worship which, they alleged, "is being denied to them due to demolition" of the temple and 'Samadhi' in Tughlaqabad.
The temple's demolition had led to a series of protests in places such as Delhi, Punjab and Haryana and the apex court had on August 19 directed the authorities in these areas to ensure that no law and order situation is created politically or otherwise.
A bench of Justices R Banumathi and A S Bopanna questioned as to how the court could entertain a petition filed under Article 32 of the Constitution seeking permission to construct a temple demolished on the orders of the apex court.
"How is this Article 32 petition filed in the case. We are not inclined to entertain this petition. You can move the apex court registry for appropriate remedy," the bench said.
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Senior advocate Vikas Singh, appearing for the two former parliamentarians, said that several facts were suppressed during the hearing of a suit before the apex court for removal of encroachment of surrounding areas.
He said that the apex court subsequently ordered demolition of the temple, which was built in year 1509, on the land gifted by then Afghan ruler Sikander Lodi to Sant Guru Ravidas.
Singh said that there are over six crore followers of Guru Ravidas and they have a fundamental right to worship at the said place.
"I am not seeking anything but construction of temple at the site," he said.
The bench, which was initially not inclined to entertain the petition, told Singh to workout the remedy in accordance with law.
Singh contended that he do not have any remedy left as the temple has already been demolished on the court's order.
"I don't have any remedy left with me. I am only seeking permission to construct the temple at the said place. Please order listing of the matter before the bench which had ordered the demolition," he said.
The top court, however, refused to pass any such order on listing before another bench and said it would hear the matter again on September 16.
On August 27, the two former parliamentarians from the Congress party had moved the apex court seeking its nod to re-construct the temple, saying it is a pious site and prayers were held there for last 500-600 years.
The petitioners have said that they are devout followers of Guru Ravidas and used to pray regularly at the site.
"The site at which the temple/Guru Dham and 'Samadhi' were present is pious and of immense faith to the believers as Saint Guru Ravidas had stayed at the site, and it was given to him by Sultan Sikander Lodhi in 1509," the plea said.
It said that the land, where the temple was situated, is of "utmost historical and religious importance" to all followers of Guru Ravidas as the sant himself had lived there.
The plea said that on August 10, the DDA demolished the temple and also took out the idol of Guru Ravidas, which was kept there, away from the site.
"It is submitted that the site itself is pious and has been worshipped for the last 500-600 years and is protected as per the provisions of the Places of Worship (Special Provisions) Act, 1991," it said.
The plea said that the temple and adjoining structures had been present there for the last 600 years and prior to any master plans and hence, "no violation can be caused by a historical structure, which has come under green zone under laws which are subsequent to structure."
A bench headed by Justice Arun Mishra, while hearing another matter related to the temple, had on August 19 said its orders on temple cannot be given a "political colour".
The DDA had demolished the temple pursuant to the orders of the apex court, which had on August 9 observed that "serious breach" had been committed by Guru Ravidas Jayanti Samaroh Samiti by not vacating the forest area as earlier ordered by the top court.
The top court had earlier warned against politicising the temple's demolition and said it would initiate contempt proceedings against those provoking protests and demonstrations.
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