Prime Minister Narendra Modi, whose party and government flaunt their Ayodhya campaign credentials, on Monday ran into an attempt by Hindutva proponents to legally bar him from paying homage at an Islamic shrine they claim was built after destroying a temple.
The Supreme Court, however, refused to entertain the petitioners’ oral request for urgent listing on Monday of their plea, which seeks to restrain Modi from offering the traditional chadar at the tomb of Sufi saint Khawaja Moinuddin Chishti at Ajmer Sharif.
The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, though, allowed the lawyer who made the request to apply through the Supreme Court registry for urgent listing, so that the plea can be considered on December 26.
According to the petitioners, the Prime Minister offering the chadar at Ajmer Sharif would “cause prejudice to” Hindus’ case in a Rajasthan civil court for a handover of the site on the grounds that the dargah was erected over a demolished Shiva temple.
Successive Prime Ministers since Independence have, as a matter of tradition, offered the ceremonial chadar at the dargah during the annual Urs festival, which began on Monday.
A PTI report said Union minority affairs minister Kiren Rijiju offered a chadar at Ajmer Sharif on behalf of the central government on Monday.
Counsel Barun Kumar Singh, representing Vishwa Vedica Sangathan president Jitender Singh and Hindu Sena president Vishnu Gupta, made the oral request during the morning mentioning time.
“We are praying for listing today itself, this matter for hearing. This is regarding the offer of chadar by the Hon’ble Prime Minister at the Ajmer Sharif dargah,” he said.
“We are seeking a stay on that offer.... Otherwise it will cause prejudice to the plaintiff….”
Counsel Singh said the civil court in Rajasthan had, on the basis of a complaint filed by Gupta, already issued notices to the Centre, Archaeological Survey of India and some local authorities.
He claimed the Sufi shrine had been built by invaders, and government representatives honouring it violated the constitutional values of India’s dignity and sovereignty.
“No, I will not list any matter today. We are not listing any matter the same day,” Justice Kant said.
“Every mentioning request has to be scrutinised by the registry. You will have to follow the procedure.”
Singh then requested that the matter be listed at least on December 26 or 29 when the vacation bench would sit.
Justice Kant said the court would consider the request if the petitioner filed a proper application before the registry for scrutiny.
According to the petitioners, the continued State-sponsored ceremonial honours, official patronage and symbolic recognition extended to Moinuddin Chishti are unconstitutional.
“It is contended that historical records indicate Moinuddin Chishti arrived in India during Shahabuddin Ghori’s invasions in the 12th century, actively assisted the invading forces in subjugating native rulers, and only later assumed the identity of a Sufi mystic, with his dargah institutionalised centuries after his death,” the petition, filed through advocate M.G. Anantha Narayana, says.
“Petitioners argue that glorifying and officially patronising a figure historically aligned with foreign invasions and conversion campaigns undermines national dignity, historical truth, and cultural integrity, violates Articles 14, 19(1)(a), 21, and 51A of the Constitution, and lacks any legal or constitutional basis….
“Consequently, the petitioners seek to prohibit the Government of India, including the Prime Minister, from offering ceremonial homage such as chadar at the Ajmer Dargah, as such acts are contrary to the will of the people, national sovereignty, and the ethos of the Indian constitution.”
The petition claims it was Jawaharlal Nehru who, in 1947, began the tradition of Prime Ministers offering a chadar at the Ajmer Sharif.