The Supreme Court of India on thursday, 2nd january, 2024, issued a directive to the Registry, requesting that a petition challenging the Madhya Pradesh High Court’s order, which allowed the Archaeological Survey of India (ASI) to conduct a survey of the Bhojshala temple-cum-Kamal Maula mosque complex in Dhar, be placed before Chief Justice Sanjiv Khanna’s bench. This comes after a bench consisting of Justice Hrishikesh Roy and Justice SVN Bhatti noted that a batch of petitions challenging the Places of Worship (Special Provisions) Act, 1991, is currently being heard by the Chief Justice-led bench.
The case pertains to the Bhojshala complex, a historical site contested by both Hindu and Muslim communities. While Hindus view it as a temple dedicated to Goddess Vagdevi, Muslims recognize it as the Kamal Maula Mosque. An agreement between the two communities in 2003 permits Hindus to worship at the site on Tuesdays and Muslims on Fridays.
The controversy escalated when the Madhya Pradesh High Court, on March 11, 2023, ordered ASI to carry out a survey at the site to clarify its "true character." This order was challenged by the Maulana Kamaluddin Welfare Society, which moved the Supreme Court.
During the hearing, the bench was confronted with allegations that the ASI had violated the Supreme Court’s previous directive issued in April 2024. The order had explicitly prohibited any excavation that might alter the character of the complex. Justice Roy pointedly remarked, "We have seen some pictures. It was said excavation not to be done but we can see some excavation has been done. So now accept notice on behalf of contemnors?"
Advocate Vishnu Shankar Jain, representing the Hindu party, argued that the case involved an ASI-protected monument and was not governed by the Places of Worship Act. However, the bench remained unconvinced, emphasizing that the contempt petition alleging violations of the earlier interim order must be dealt with first.
Justice Roy further stated, "Since the order was passed by CJI-led Bench, nothing further needs to be done," indicating that any further actions would have to align with the ongoing litigation surrounding the Places of Worship Act.
In response to these concerns, the Court decided to tag the case with the other petitions challenging the Places of Worship Act. This matter, which raises significant legal, cultural, and religious questions, will now be heard alongside other high-profile cases concerning religious site disputes, including those involving the Gyanvapi Mosque and Mathura Shahi Idgah. The Supreme Court also clarified that all contentions regarding the applicability of the Places of Worship Act to the Bhojshala complex remain open for further deliberation.
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