The Hindu Front appealed to the Supreme Court to lift the interim stay on the Bhojshala-Kamal Maula Complex dispute. The ongoing legal battle centers around the religious significance of the site for both Hindu and Muslim communities.
New Delhi: The Hindu Front for Justice (HFJ) approached the Supreme Court, seeking to vacate the interim stay order restraining action based on the Archaeological Survey of India (ASI) report concerning the Bhojshala Temple-Kamal Maula Mosque dispute. This application, filed by advocate Vishnu Shankar Jain, requests the Supreme Court to vacate its April 1, 2024, interim order.
Previously, the mosque committee challenged the March 11, 2024, decision by the Madhya Pradesh High Court at Indore, which permitted an ASI survey of the disputed complex to determine its religious character. HFJ argued that the Special Leave Petition (SLP) has become moot, as the petitioner can object to the ASI report and raise all relevant issues before the High Court.
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They contended that questions of locus standi, writ petition maintainability, and other matters should be resolved by the High Court.
While the Supreme Court did not stay the ASI survey, it issued an order on April 1, 2024, preventing any action based on the ASI report. HFJ asserted that this order effectively stalled High Court proceedings. They emphasized that the writ petition’s merits should be addressed promptly and requested the interim order’s vacation to allow High Court proceedings to continue. HFJ maintained that continuing the interim order serves no useful purpose and that vacating it would serve the interests of justice.
Earlier this week, the Supreme Court agreed to consider listing the petition related to the Bhojshala Temple-Kamal Maula Mosque complex dispute. Advocate Vishnu Shankar Jain informed a bench of Justices Hrishikesh Roy and SVN Bhatti that the ASI submitted its report to the Madhya Pradesh High Court.
On April 1, the Supreme Court issued a notice regarding a plea challenging the Madhya Pradesh High Court‘s directive for the Archaeological Survey of India (ASI) to survey the Bhojshala Temple-Kamal Maula Mosque complex.
The court, however, declined to halt the ASI’s survey at the disputed sites. In an interim order, Justices Hrishikesh Roy and Prashant Kumar Mishra stated that no action based on the ASI survey’s findings should proceed without the court’s approval and emphasized that no physical excavation altering the site’s character should occur. The Maulana Kamaluddin Welfare Society petitioned the Supreme Court against the Madhya Pradesh High Court’s instruction for the ASI to survey the Bhojshala and Kamal Maula Masjid site.
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The Madhya Pradesh High Court granted permission for the Archaeological Survey of India (ASI) to conduct a survey at the Bhojshala Temple-Kamal Maula Mosque complex. Hindus view Bhojshala as a temple dedicated to Vagdevi, whereas Muslims refer to it as the Kamal Maula Mosque.
In its ruling, the high court noted,
“The petitioners argue that the ASI has a statutory duty to conduct this survey, which should have been done long ago.”
The court further stated,
“Any additional studies, investigations, or inquiries deemed necessary by the ASI’s five-member committee should be conducted to determine the true nature and character of the Bhojshala Temple-Kamal Maula Mosque complex, without altering, defacing, or destroying the original nature of the site, to uncover the truth.”
The High Court‘s order stipulated that the right to worship and perform rituals at the disputed site would be considered only after the Expert Committee‘s report is received.
The order stated,
“All other issues and submissions related to the relief claimed by the petitioners, including the right to worship and perform rituals at the disputed premises, will be addressed and determined only after receiving the Expert Committee’s report. Matters such as the validity of the wakf on the disputed complex, granting relief in the writ proceedings, or referring the petitioners to a Civil Suit for their claims will all be decided after the Five Member Committee of the ASI submits its report.”
The court has directed the ASI committee to complete the survey and submit the report within six weeks from the date of receiving the order, using the latest methods and techniques.