Places of Worship Act: SC to hear plea against 'Bhojshala' survey in MP

The Supreme Court on Thursday said it would hear a plea against an order on the survey of a medieval-era "Bhojshala" in Madhya Pradesh which people from two communities stake claim to, apart from pleas against the 1991 places for worship law.

A bench of Justices Hrishikesh Roy and S V N Bhatti said the issue appeared to be covered by the December 12 order of the apex court restraining courts in the country from entertaining fresh lawsuits and passing orders in disputed claims over religious structures.

The bench directed the registry to seek instructions from Chief Justice of India Sanjiv Khanna and tagged the matter with the pending petitions.

It left all contentions of the parties to be kept open during the hearing of the petitions.

During a brief hearing, advocate Vishnu Shankar Jain, appearing for Hindu parties, said the issue of Bhojshala wouldn't be covered by the December 12 order as it was protected and maintained by the Archeological Survey of India.

The bench said it was only tagging the matter to be adjudicated by the pending petitions but if any party had a grievance, it would first take up the contempt plea alleging excavations at the site, despite court's restraining order of April 1, 2024, which said no physical excavation, which could change its character, should be done.

On December 12, the top court restrained till further directions the courts in the country from entertaining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, especially mosques and dargahs.

The direction of a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan had stalled proceedings in about 18 lawsuits filed by various Hindu parties seeking survey to ascertain original religious character of 10 mosques including Gyanvapi at Varanasi, Shahi Idgah Masjid at Mathura and Shahi Jama Masjid at Sambhal where four persons' lives were snuffed out in clashes.

The top court passed the order on about six petitions challenging various provisions of the Places of Worship (Special Provisions) Act, 1991.

The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.

However, the dispute relating to Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview.

There are also pleas seeking the effective implementation of the 1991 law to maintain communal harmony and preserving the present status of mosques, sought to be reclaimed by members of the Hindu community on the ground they were temples before invaders razed them.

On April 1, the top court refused to stay a "scientific survey" of the Bhojshala in Madhya Pradesh's Dhar district but said no action should be taken without its permission on the outcome of the exercise.

Hindus consider Bhojshala, an ASI-protected 11th-century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati) whereas the Muslim community calls it Kamal Maula mosque.

Under an arrangement made by the ASI on April 7, 2003, Hindus perform puja on the Bhojshala premises on Tuesdays and Muslims offer prayers in the complex on Fridays.

The apex court had issued notices to the Centre, the Madhya Pradesh government, the ASI and others on the plea filed by the Maulana Kamaluddin Welfare Society challenging the March 11, 2024, order of the high court on the "scientific survey".

The high court had directed the ASI to carry out the "scientific survey" of the Bhojshala complex within six weeks and allowed the ASI to conduct any other study it deemed necessary to ascertain the true character of the complex saying submissions over the right to worship would be considered only after a report.