After Gyanvapi, Madhya Pradesh HC Allows ASI Survey at Bhojshala Temple-Kamal Maula Mosque Complex

After Gyanvapi, the Madhya Pradesh High Court has permitted the Archaeological Survey of India (ASI) to conduct a survey at the Bhojshala Temple-Kamal Maula Mosque complex, as stated by advocate Vishnu Shankar Jain.

While Hindus regard Bhojshala as a temple dedicated to Vagdevi, Muslims recognize it as the Kamal Maula Mosque.

The court, in an order communicated by advocate Vishnu Jain, stated, “It is argued on behalf of the petitioners, while pressing the interlocutory application, that the survey by the Archaeological Survey of India (ASI) is a statutory duty, which the ASI ought to have performed long ago.”

The order further stated, “Any other study, investigation, or inquiry that the said five (5) member committee of the ASI deems necessary to undertake, without ‘destroying, defacing, or destructing the original nature of the whole complex,’ must be conducted to ascertain the true nature and character of the Bhojshala Temple cum Kamal Maula Mosque to arrive at the truth.”

It was ruled that the right to worship and perform rituals at the disputed premises would be considered only upon receipt of the report from the Expert Committee.

“All other issues and submissions concerning the relief claimed by the petitioners or the right to worship and perform rituals at the disputed premises shall be considered and determined only after the receipt of the aforementioned report from the Expert Committee. The issue regarding the validity of the wakf created on the disputed complex, granting relief in the writ proceedings, or relegating the petitioners to the Civil Suit for claiming those reliefs, will all be determined post the receipt of a report from the Five Member Committee of the ASI as aforementioned,” the order stated.

The court also directed the ASI committee to submit the survey report within six weeks from the date of receipt of the order.

“A properly documented comprehensive report prepared by an Expert Committee comprising not less than five (5) senior-most officers of ASI, headed by the Director General/Additional Director General of the ASI, must be submitted before this Court within six weeks from the date of receipt of the certified copy of this order. Efforts should be made to include Officers from both contesting communities (if available in said position and rank) in the said Expert Committee,” it said.

The order emphasized the preparation of a complete inventory for any artifact, idol, or deity found in the structure.

“To photograph and videograph the entire survey proceedings in the presence of two (2) nominated representatives of each petitioner as well as the respondent in the present petition. To unlock and open the locked or sealed rooms and halls of the entire complex and prepare a complete inventory of each and every artifact, idol, deity, or structure found in the said locked, sealed halls, and rooms, and submit the same along with respective photographs,” the court order said.

“Such artifacts, idols, and structures must all undergo the same scientific investigation, carbon dating, and survey and be separately included in the report to be filed before this Court,” it added.

The court directed the survey to employ the latest methods and techniques.

“Complete scientific investigation, survey, and excavation through the adoption of the latest methods, techniques, and modes of GPR-GPS survey of the site in question, constituting the disputed Bhojshala Temple cum Kamal Maula Mosque complex, as well as the entire 50m of peripheral ring area surrounding/constituting the circular periphery from the boundary of the complex, be conducted,” the order communicated by advocate Vishnu Jain stated.