The Supreme Court of India is set to deliberate on the ongoing legal contestation concerning the Bhojshala Temple-Kamal Maula Mosque complex in Madhya Pradesh’s Dhar district.
In anticipation of this hearing, petitioner Ashish Goyal has called for the removal of the interim stay imposed by the Court on the implementation of the Archaeological Survey of India (ASI) report.
“Today, the petition filed by the Hindu Front for Justice is to be heard in the Supreme Court. We have demanded that the stay imposed by the Supreme Court on the implementation of the ASI survey conducted in Bhojshala should be removed and the religious nature of Bhojshala, as per the ASI survey, should be recognized,” Goyal stated in a media.
Analyzing the legal framework governing sites of religious significance, Goyal further elaborated: “The Places of Worship Act, promulgated in 1991, does not extend its jurisdiction to sites under ASI preservation. Precedent from the Shri Ram Janmabhoomi case in Ayodhya underscores this distinction, reinforcing our argument that the Act should not be applicable to the Bhojshala complex.”
The Bhojshala complex holds deep religious and cultural significance for both Hindu and Muslim communities. Hindu practitioners revere it as a temple dedicated to Goddess Vagdevi (Saraswati), whereas the Muslim community identifies it as the Kamal Maula mosque.
A government-mediated arrangement established in 2003 grants Hindu worshippers access for puja every Tuesday from sunrise to sunset, while Muslim congregants are permitted to offer namaz on Fridays between 1 PM-3 PM.
On April 1, the Supreme Court issued a notice in response to a petition challenging the Madhya Pradesh High Court’s directive for an ASI-led survey of the Bhojshala-Kamal Maula Mosque complex. However, the Court refrained from halting the survey of the disputed site.
In an interim ruling, a bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra stipulated that no actions should be taken based on the ASI’s findings without explicit judicial authorization. The ruling also prohibited any physical excavation or alterations at the disputed site that could modify its established historical character.
Acting on the directive of the Indore Bench of the Madhya Pradesh High Court, the ASI commenced its survey of the Bhojshala-Kamal Maula Mosque complex on March 22. On July 15, the ASI submitted its final survey report, an extensive document spanning approximately 2,000 pages, to the Indore Bench.
However, in compliance with the Supreme Court’s interim order, no further administrative or legal actions have been undertaken in response to the ASI’s findings, pending further judicial review.
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