SC to consider petition relating Bhojshala-Kamal Maula complex dispute

The Supreme Court on Monday agreed to consider listing the petition relating to Bhojshala Temple-Kamal Maula Mosque complex dispute.

For Hindus, the Bhojshala Complex is a temple dedicated to Goddess Vagdevi (Saraswati), while for Muslims, it is the site of the Kamal Maula mosque. According to an arrangement made in 2003, Hindus perform puja at the complex on Tuesdays from sunrise to sunset while Muslims offer namaz on Fridays from 1 pm to 3 pm.

Hindu Front for Justice (HFJ) mentioned the Bhojshala Temple-Kamal Maula Mosque complex matter before a bench of justices Hrishikesh Roy and SVN Bhatti. Advocate Vishnu Shankar Jain, for HFJ, informed the top court that the Archaeological Survey of India (ASI) has submitted its report to the Madhya Pradesh High Court.

On April 1, the top court issued notice on the plea challenging the Madhya Pradesh High Court order directing survey by the ASI at the Bhojshala Temple-Kamal Maula Mosque complex and in the meanwhile, it also refused to stay ASI's survey in the disputed sites.

In an interim direction, a bench of justices Hrishikesh Roy and Prashant Kumar Mishra said that no action should be taken without its permission on the outcome of the ASI's survey and clarified that no physical excavation should be taken at disputed sites, which will change its character.

Maulana Kamaluddin Welfare Society approached the Supreme Court against the Madhya Pradesh High Court order directing the ASI to conduct a survey at the disputed sites of Bhojshala and Kamal Maula Masjid.
 

 

The Madhya Pradesh High Court had allowed the survey by the ASI at the Bhojshala Temple-Kamal Maula Mosque complex.

The high court, in its order, stated, "It is contended on behalf of the petitioners whilst pressing the interlocutory application that survey by the Archaeological Survey of India (ASI) is a statutory duty, which the ASI ought to have performed long back."

"Any other study, investigation, or inquiry, which the said five-member committee of the ASI feels it is necessary to be undertaken without "destroying, defacing, or destructing the original nature of the whole complex be undertaken, towards ascertaining the true nature and character of the Bhojshala Temple cum Kamal Maula Mosque for arriving at the truth," it added.

The order said that the right to worship and perform rituals in the disputed premises shall be considered only after receipt of the aforementioned report from the Expert Committee.

"All other issues and submissions relating to the relief as claimed by the petitioners or the right to worship and perform rituals in the disputed premises shall be considered and determined only after receipt of the aforementioned report from the Expert Committee. The issue relating to the validity of the wakf created on the disputed complex; that of granting the relief in the writ proceedings or relegating the petitioners to the Civil Suit for claiming those reliefs will all be determined and adjudicated post the receipt of a report from the five member committee of the ASI as aforementioned," the High Court said.

The high court has also ordered the ASI committee to submit the report of the survey within six weeks from the date of receipt of the order. The high court has directed to survey with the latest methods and techniques.