Bhojshala Temple - Kamal Maula Dispute : Supreme Court Directs MP High Court To Unseal ASI Survey Report

The Supreme Court on Thursday disposed of an appeal arising from the Madhya Pradesh High Court's order directing the Archaeological Survey of India to carry out a scientific survey at the disputed Bhojshala Temple cum Kamal Maula Mosque complex to determine the real and true character of the site.A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi laid down a time-bound process for the High Court to unseal the survey report, supply copies to parties, and consider their objections at final hearing.“The division bench is requested to unseal the report in open court and supply copies to both sides. If such a part of the report which cannot be opened the parties may be permitted to inspect such part of the report in the presence of their experts and advocates. Thereafter the parties will be granted two weeks' time to file their respective objections, suggestions, opinions or recommendations. High Court may thereafter take up the case for final hearing and all the objections, suggestions, opinions or recommendations may be duly considered at the time of the final hearing”, the Court stated.Bhojshala is an 11th-century monument protected by the ASI. Hindus consider it a temple dedicated to Vagdevi, or Goddess Saraswati, while Muslims regard it as the Kamal Maula Mosque. As per a 2003 arrangement by the ASI, Hindus perform puja at the complex on Tuesdays, while Muslims offer namaz there on Fridays.The bench was hearing a Special Leave Petition filed by Maulana Kamaluddin Welfare Society Dhar against the High Court's interim order for ASI survey.The Court today directed the parties to maintain status quo at the site till the writ petition is decided by the High Court regarding the alteration of the character of the site and abide by ASI's 2003 order. Further, the Court directed the High Court to hear the challenge to ASI's 2003 order and any connected matter along with the main writ petition.The Madhya Pradesh High Court, by its impugned order dated March 11, 2024, directed the ASI to undertake an investigation and survey using the latest methods at the subject site, which is a protected historical monument. The High Court's directions to the ASI included preparation of a report by an expert committee of not less than five senior-most ASI officers, photography of the entire survey premises, and opening of locked and sealed rooms so that artefacts and structural items found there could be scientifically examined by the expert team.On April 01, 2024, the Supreme Court had directed that no action should be taken on the outcome of the survey and that no physical excavation should be undertaken which may alter the character of the site. During today's hearing, it was pointed out that the scientific survey directed by the High Court had already been completed and that the report was presently lying in a sealed cover before the High Court.The Supreme Court noted the submission of Senior Advocate Salman Khurshid for the petitioner Mosque committee that copies of the survey report should be supplied to the parties and that they be permitted to file objections, with similar liberty to the other side, to be considered by the High Court at the stage of final hearing.Recording the fair stand taken by all stakeholders, the Supreme Court disposed of the appeal directing that the writ petition pending before the High Court be taken up by a Division Bench preferably headed by the Chief Justice or one of the senior-most judges of the court, preferably within a period of two weeks.The Court requested the Division Bench to unseal the survey report in open court and supply copies to both sides. If any part of the report could not be opened, the parties were permitted to inspect such part in the presence of their advocates as well as their experts.The parties were granted two weeks' time thereafter to file their respective objections, suggestions, opinions or recommendations. The High Court may thereafter take up the case for final hearing, and all objections, suggestions, opinions or recommendations are to be considered at that stage.Also from today's hearing - Bhoj Shala-Kamal Maula Mosque Dispute : Supreme Court Passes Orders For Peaceful Conduct Of Basant Panchami Puja & Friday NamazCase no. – SLP(C) No. 7023/2024Case Title – Maulana Kamaluddin Welfare Society Dhar v. Hindu Front for Justice (Regd. Trust No. 976) and Ors.Click Here To Read/Download Order

Bhojshala Temple - Kamal Maula Dispute : Supreme Court Directs MP High Court To Unseal ASI Survey Report

Amisha Shrivastava

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