The Supreme Court of India agreed to hear a petition challenging the Madhya Pradesh High Court’s ruling on the Bhojshala Temple/Mosque survey, linking it to broader issues of historical site identities. The court highlighted past directives against altering site character and noted potential excavations, with hearings on related cases scheduled for February 2025.
New Delhi: The Supreme Court of India has decided to hear the petition challenging the Madhya Pradesh High Court’s order permitting a survey of the Bhojshala Temple/Kamal Maula Mosque complex alongside cases concerning the Places of Worship (Special Provisions) Act, 1991. This development ties the Bhojshala dispute to broader questions about the religious character of historical sites across India.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti noted that since a Chief Justice of India (CJI) Sanjiv Khanna-led Bench has already ordered a status quo on disputes related to the religious character of structures under the 1991 Act, there might be no immediate need for intervention in this case.
“Since the order was passed by the CJI-led Bench, nothing further needs to be done,”
observed Justice Roy.
Advocate Vishnu Jain, representing a Hindu party, argued that the Bhojshala complex does not fall under the Places of Worship Act as it is a monument protected by the Archaeological Society of India (ASI). He contended that the Act, which prohibits changing the religious character of places of worship as they existed on August 15, 1947, does not apply to ASI-protected sites.
However, the Court pointed out potential violations of an earlier directive. In April 2023, the Court had allowed a survey of the Bhojshala complex but prohibited physical excavations that could alter the structure’s character.
“We have seen some pictures. It was said excavation not to be done, but we can see some excavation has been done,”
remarked Justice Roy.
The Court tagged the case with other pending matters related to the Places of Worship Act, scheduled for a hearing in February 2025.
The Madhya Pradesh High Court, in March 2024, directed the ASI to survey the Bhojshala complex in Dhar District to determine the site’s historical and religious nature. Justices SA Dharmadhikari and Devnarayan Mishra emphasized the need to “demystify and free [the monument] from the shackles of confusion.”
This order stemmed from a writ petition seeking the reclamation of the Bhojshala site for Hindus and prohibiting Muslims from offering namaaz there. The Maulana Kamaluddin Welfare Society, representing Muslim interests, opposed the decision, citing bias and undue influence from the government.
The ASI survey has reignited tensions over the site’s dual identity as a temple and mosque. The society’s appeal before the Supreme Court, filed through Ace Legal, alleges that the High Court’s decision unfairly favored Hindus. They argue that Muslims have been offering prayers at the site for years and question the impartiality of the ASI’s actions under government influence.
While hearing the matter, Additional Solicitor General KM Nataraj requested that the Court keep open the question of whether the Bhojshala case falls under the Places of Worship Act. The bench clarified that “all contentions remain open.”
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