In a big jolt to the Muslim side about the legal battle that it’s staging over the Bhojshala Mandir, the Supreme Court of India has refused to intervene with a Madhya Pradesh High Court order directing the Archaeological Survey of India (ASI) to survey the complex. The matter has been scheduled for a further hearing on April 1.
The dispute over Bhojshala stems from differing religious beliefs, with Hindus regarding it as a temple dedicated to Vagdevi (Goddess Saraswati), while Muslims identify it as Kamal Maula Mosque.
A petition challenging the high court’s order, dated March 11, was brought before a bench of Justice Hrishikesh Roy for an urgent hearing. However, the bench declined to stay the survey without hearing the opposing party. It noted the upcoming hearing on April 1, stating, “We will take it up on that day.” The court also observed that ASI surveys typically require considerable time.
The petitioner, Maulana Kamaluddin Welfare Society, had raised concerns that the ASI survey, which commenced from March 22 would potentially damage the protected complex.
However, earlier in the day the team of ASI officials arrived at the complex to conduct the survey.
#WATCH | Madhya Pradesh: ASI (Archaeological Survey of India) team arrives to survey Bhojshala in Dhar after the order of the High Court. pic.twitter.com/52WD9Nx9g0
— ANI (@ANI) March 22, 2024
On the beginning of ASI’s survey of the Bhojshala complex in Madhya Pradesh, Hindu side advocate Vishnu Shankar Jain says, “Today, in compliance with the judgement of Indore High Court to conduct the archaeological survey, ASI has started its survey. Supreme Court denied the urgent hearing of the case…”
#WATCH | Delhi: On the beginning of ASI's survey of the Bhojshala complex in Madhya Pradesh, Hindu side advocate Vishnu Shankar Jain says, "Today, in compliance with the judgement of Indore High Court to conduct the archaeological survey, ASI has started its survey. Supreme… pic.twitter.com/yYB8mQHJ41
— ANI (@ANI) March 22, 2024
The genesis of the dispute can be traced back to a petition filed by the Hindu Front for Justice in May 2022, which contested the practice of offering namaz at Bhojshala and sought a survey to ascertain its “real religious character.” In response, the high court permitted ASI to conduct the survey based on evidence presented by the petitioners, including colored photographs of pillars inscribed with Sanskrit verses.
The Hindu side advocate Shreesh Dubey said, “Four petitions are going on as of now… The survey began today at 6 am. The report will be submitted soon to the Court.”
#WATCH | Dhar, Madhya Pradesh: Archaeological Survey of India (ASI) to begin an archaeological survey of the Bhojshala Complex from today.
Hindu side advocate Shreesh Dubey says, "Four petitions are going on as of now… The survey began today at 6 am. The report will be… pic.twitter.com/XbHXDVw0YP
— ANI (@ANI) March 22, 2024
Recently, the Madhya Pradesh High Court allowed the survey by the ASI at the disputed Bhojshala Temple-Kamal Maula Mosque complex.
“In compliance with the instructions of the High Court, we have received a letter from the Additional Director of the Indian Culture Department. After receiving the letter, today we inspected the Bhojshala premises. We discussed what kind of security arrangements are to be provided during the survey and what is their (ASI) demand,” Dhar Superintendent of Police Manoj Kumar Singh said.
He further said proper security arrangements have been provided. “In compliance with the instructions of the High Court, whatever security arrangements are required, so that the survey work is completed peacefully, we will provide that. I want to appeal to the entire public of Dhar district that the High Court has directed that the survey work should be completed by ASI, everyone should cooperate in it and we will provide complete arrangements to ensure that there is no hindrance in the survey work,” he further said.
The Madhya Pradesh High Court allowed the survey by the ASI at the Bhojshala complex , advocate Vishnu Shankar Jain said.Hindus consider Bhojshala, to be a temple dedicated to ‘Vagdevi’, while Muslims called it the Kamal Maula Mosque.
The court, in its order shared by advocate Vishnu Jain, 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 (5) member committee of the ASI feel 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.
Bhojshala has been the subject of contention since April 2003 when ASI allowed Hindus to perform puja at the site every Tuesday and Muslims to offer namaz on Fridays. However, the issue resurfaced in May 2022 when the high court acknowledged the comprehensive nature of the Hindu Front for Justice’s public interest litigation. The court issued notices to ASI, the Union government, and the state government, seeking their responses.
The plea filed by the Hindu Front for Justice urges the court to direct the Union government to reinstall murti of Goddess Saraswati within the Bhojshala complex. It cites historical evidence of the murti being installed in 1034 AD and subsequently taken to London by the British in 1857.
