Today (1st April): The Supreme Court rejected a request to stay the Archaeological Survey of India (ASI) survey of the Bhojshala Temple and Kamal Maula Mosque complex in Madhya Pradesh.
NEW DELHI: Today (1st April): The Supreme Court refused to grant a stay on the Archaeological Survey of India (ASI) study aimed at determining the religious nature of the Bhojshala complex in Madhya Pradesh.
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Justices Hrishikesh Roy and Prashant Kumar Mishra, while seeking responses from the Central and State governments as well as the ASI, refused to stay the survey. However, it was clarified that the findings of the report should not be implemented at this stage.
In March, the Indore Bench of the Madhya Pradesh High Court directed the ASI to survey the Bhojshala complex in the Dhar District, which houses both the Bhojshala Temple and the Kamal Maula Mosque.
Justices SA Dharmadhikari and Devnarayan Mishra of the High Court stated that the nature and characteristics of the monument needed to be “Simplified and liberated from confusion.” This decision led to the current appeal before the Supreme Court.
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The High Court’s verdict was issued in response to an interlocutory application in a writ petition seeking to reclaim the Bhojshala complex for Hindus and prohibit Muslims from offering namaaz (Islamic prayer) on its premises. The application requested a scientific survey of the complex to determine its “true character.”
The petitioners in the High Court proceedings pointed out certain structures within the complex and presented documents suggesting that a temple predated the mosque, which was allegedly constructed by dismantling the temple.
One of the respondents, Maulana Kamaluddin, challenged the maintainability of the suit by citing the principle of res judicata. He highlighted that a similar writ petition had been dismissed by the High Court’s principal bench in 2003.
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Kamaluddin argued that the state government and ASI were influenced by the ruling government and that the Court should not take a partisan stance favoring the existence of the Bhojshala Vagdevi Temple over the interests of Muslims who had been praying and offering namaaz at the site for years.
Despite Kamaluddin’s arguments, the High Court granted permission for the survey, asked him to file an appeal with the Supreme Court.
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