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'Don't Allow Muslims To Offer Namaz In Bhojshala Complex' : Plea Of Hindu Front; MP High Court Issues Notice

Shruti Kakkar
12 May 2022 11:15 AM GMT
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The Indore bench of Madhya Pradesh High Court on Wednesday issued notice in a petition challenging the order dated April 7, 2003 passed by the Director-General, Archeological Survey of India which allowed Muslims to offer namaz within the Bhojshala complex.

The bench of Justices Vivek Rusia and Amar Nath Keshwarwani in their order said,

"Counsel for the parties jointly submit that the similar issue is already under challenge in W.P.No.(s) 6514/2013, 1089/2016 and 28334/2019 pending before this court. Counsel for the petitioner submits that he has filed some more documents which are not available in those writ petitions strengthening the claim of this present petitioner. Therefore, they may be permitted to file this petition in the nature of Public Interest Litigation (PIL). Since, a similar issue is under challenge and the Archaeological Survey of India is contesting the matter, therefore, the petition is admitted. Issue notice."

Preferred by the Hindu Front for Justice through its President Ms Ranjana Agnihotri, the petitioners had also sought to re-establish the idol of Goddess Saraswati (Vagdevi) which was established by King Bhoj in the year 1034 A.D. for the purposes of imparting education of Sanskrit, Literature, Grammar, the education of Astrology, Astronomy, Vedas and Shastras.

Along with restraining the ASI from allowing the members of the Muslim community to offer namaz on Fridays within the property, an interim relief of directing the respondents to produce the coloured photographs of inscriptions available within the Bhojshala complex before the High Court has also been sought.

Interim relief for directing the Union of India to conduct Radiocarbon Dating to find out the age estimate of the Bhojshala complex and the artefacts, sculptures, images, inscriptions, etc. found therein and the Director of Archeological Survey of India to excavate the land/floor area in and around the Bhojshala complex to find out the nature of construction or any material lying therein has also been sought.

It was argued in the petition that the place has significance for the followers of Sanatan Dharm which is the cultural heritage of India and that the religious sentiments of the followers of Sanatan Dharm are connected with the Bhojshala complex as a place of worship and learning of Indian culture.

"Unfortunately, the magnificent temple and place of learning at Bhojshala was damaged by Muslim rulers in 1305, 1401 and 1514 A.D. but they could not change the religious character of Bhojshala and it continues to be the place of Divinity as well as of reverence and Hindus pay homage to this place and they perform Pooja there. The Vasant Utsav is celebrated every year at the said place," the plea states.

The petition further states that it is most unfortunate that the Archaeological Survey of India (ASI) has allowed Muslims to offer prayers within the temple complex on their illegal demand on the ground that the Muslim rulers had constructed Kamal Maula Mosque at the said place.

"The destruction of a temple and its continuance in the same form is a continued trauma for the worshippers denying them to achieve spiritual power and in such a situation the life of worshippers remain in jeopardy giving day to day tease and feeling of humiliation done by the invader and such continued wrong has to be rectified under the sweep of Article 13(1) of the Constitution of India to protect the life and religious rights guaranteed under Article 21 and 25 of the Constitution of India," plea further states.

The petition has been filed through Advocate Hari Shankar Jain.

Case Title: Hindu Front for Justice (Regd. Trust No.976) Through its President Ms. Ranjana Agnihotri & Ors. v. Union of India & Ors.| WP 10497 of 2022

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