'ASI's jurisdiction': SC dismisses PIL seeking reconstruction of beheaded Lord Vishnu idol at Khajuraho

New Delhi, Sep 16 The Supreme Court on Tuesday declined to entertain a public interest litigation (PIL) seeking judicial intervention for the reconstruction of a 7-foot-long beheaded idol of Lord Vishnu at the Javari Temple, part of the historic Khajuraho temple complex in Madhya Pradesh.

A bench of Chief Justice of India (CJI) B.R. Gavai and Justice A.G. Masih orally remarked that the relief sought fell within the jurisdiction of the Archaeological Survey of India (ASI) and not that of the apex court.

"We are not inclined to entertain this writ petition filed under Article 32 of the Constitution of India. The Writ Petition is, accordingly, dismissed," the bench ordered.

The petitioner, the National President of the National Veer Kisan Majdoor Dal, highlighted the long-standing neglect of the temples by both the Union and Madhya Pradesh governments, despite repeated representations.

"The temples of Khajuraho, constructed by the Chandravanshi kings, also served as a ‘Paathshaala’ in ancient times. However, despite 77 years post-independence, the authorities have failed to take steps for their development and reconstruction of these temples to grant people their fundamental right to worship," said the petition filed through Nuli & Nuli.

The plea also highlighted the petitioner’s earlier efforts to draw the government’s attention to the matter, including letters sent to the Union Home Minister in 2019 and 2020 requesting the reconstruction of the temples.

"The petitioner and other members, on various occasions, performed ‘Dharna’ at Jantar Mantar, submitted memorandums to the Central government, raised their demands before the administration, and conducted ‘Jaagran’ campaigns near the temple. But despite these repeated efforts, the 7-foot-long beheaded idol of Lord Vishnu continues to remain mutilated till date," stated the petition. The plea contended that the failure to restore the idol and temple series violated the religious sentiments of devotees.

In March 2023, the Superintending Archaeologist responded that while the conservation of the Khajuraho temples falls under the ASI’s responsibility, replacing the 7-foot-long beheaded idol of Lord Vishnu in the Javari Temple would violate conservation rules.

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