The Supreme Court has agreed to consider listing the petition related to the dispute between the Bhojshala Temple and Kamal Maula Mosque complex.
The Bhojshala Complex, for Hindus, is a temple dedicated to Goddess Vagdevi (Saraswati), while for Muslims, it is the site of the Kamal Maula mosque. According to a 2003 arrangement, Hindus perform puja at the complex on Tuesdays from sunrise to sunset, while Muslims offer namaz on Fridays from 1 pm to 3 pm.
The Hindu Front for Justice (HFJ) brought the Bhojshala Temple-Kamal Maula Mosque complex matter before a bench of Justices Hrishikesh Roy and SVN Bhatti. Advocate Vishnu Shankar Jain, representing HFJ, informed the top court that the Archaeological Survey of India (ASI) had submitted its report to the Madhya Pradesh High Court.
On April 1, the Supreme Court issued notice on the plea challenging the Madhya Pradesh High Court order directing an ASI survey at the Bhojshala Temple-Kamal Maula Mosque complex. In the meantime, it also refused to stay the ASI’s survey of the disputed sites.
In an interim direction, a bench of Justices Hrishikesh Roy and Prashant Kumar Mishra stated that no action should be taken without its permission based on the ASI’s survey results. The court clarified that no physical excavation should be carried out at the disputed sites, which could alter their character.
The Maulana Kamaluddin Welfare Society approached the Supreme Court against the Madhya Pradesh High Court order directing the ASI to conduct a survey at the disputed sites of Bhojshala and Kamal Maula Masjid. The Madhya Pradesh High Court had permitted the ASI to survey the Bhojshala Temple-Kamal Maula Mosque complex.
The court noted that “It is contended on behalf of the petitioners while pressing the interlocutory application that the ASI’s survey is a statutory duty, which it ought to have performed long ago.” The court added, “Any other study, investigation, or inquiry, which the five-member ASI committee deems necessary, should be undertaken without ‘destroying, defacing, or destructing the original nature of the whole complex’ to ascertain the true nature and character of the Bhojshala Temple and Kamal Maula Mosque and to arrive at the truth.”
The order further stated that the right to worship and perform rituals in the disputed premises would be considered only after receiving the report from the Expert Committee. “All other issues and submissions related to the relief claimed by the petitioners or the right to worship and perform rituals in the disputed premises shall be considered and determined only after receipt of the aforementioned report from the Expert Committee. The issues relating to the validity of the wakf created on the disputed complex and whether the petitioners should be relegated to civil suit for claiming relief will all be determined post-receipt of the report from the five-member ASI committee,” the High Court said.
The High Court also directed the ASI committee to submit the survey report within six weeks from the date of receiving the order, using the latest methods and techniques.
