No Action To Be Taken On Outcome Of ASI Survey Of Bhojshala Temple-Kamal Maula Mosque Complex Without Our Permission : Supreme Court

A bench comprising Justices Prashant Kumar Mishra and Hrishikesh Roy passed the interim order while issuing notice on a Special Leave Petition petition filed by Maulana Kamaluddin Welfare Society challenging the High Court's order.

Issuing notice returnable in four weeks, the Court directed that in the interim, no action should be taken without the leave of the Supreme Court on the outcome of the survey under the impugned order.

To provide a brief background, the said impugned order was passed by the Division Bench of Justices SA Dharmadhikari and Devnarayan Mishra while hearing an interlocutory application filed in a pending writ petition seeking a scientific survey of the Temple-Mosque premises.

The writ petition before the High Court was filed by the Hindu Front for Justice. It seeks to reclaim the Bhojshala complex on behalf of the Hindus and it also seeks a prohibition on the members of the Muslim community from offering namaaz on its premises.

Bhojshala, an 11th-century monument protected by the Archaeological Survey of India, is viewed differently by Hindus and Muslims. Hindus consider it a temple dedicated to Vagdevi (Goddess Saraswati), while Muslims regard it as the Kamal Maula Mosque. As per a 2003 agreement, Hindus perform puja at the Bhojshala complex on Tuesdays, while Muslims offer namaz there on Fridays.

Today, Senior Advocate Salman Khurshid appeared on behalf of the petitioner before the Supreme Court. He contended that there are several issues, including the one on maintainability of the petition filed by the Hindu Front for Justice before the High Court.  

The Court, while issuing notice to them as well asked the parties to file their reply. Justice Roy said, "Survey is one thing but do not try to dig up things."

After hearing the submissions, the Court passed the above order.

It may be noted additionally that the High Court, in its order, had observed that the Government has the constitutional obligation to ensure the preservation and protection of not only the ancient monuments and structures including temples of archaeological and historical importance, but also of sanctum sanctorum as well as the deity of spiritual importance.

The Court also noted that it is the Constitutional as well as statutory obligation of the ASI to have a scientific survey, study convened at the earliest of the Bhojshala Temple cum Kamal Maula Mosque. Against this aforenoted background, several directions were issued to the Director, ASI. These included scientific investigation, survey, and excavation in the disputed Bhojshala Temple cum Kamal Maula Mosque complex. Further, directions were passed to unlock and open the locked/ sealed rooms and halls of the whole complex and prepare a complete inventory of each and every artifact, idol, deity, or any structure found. The same were asked to be submitted along with the respective photographs.

Case Title: MAULANA KAMALUDDIN WELFARE SOCIETY DHAR v. HINDU FRONT FOR JUSTICE (REGD. TRUST NO. 976) AND ORS., SLP(C) No. 7023/2024

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