Bhojshala- Kamal Maula Masjid dispute: SC issues notice, refuses to stay ASI’s survey

New Delhi [India], April 1 (ANI): The Supreme Court on Monday issued notice on the plea challenging the Madhya Pradesh High Court order directing survey by the Archaeological Survey of India (ASI) at the Bhojshala Temple-Kamal Maula Mosque complex. Meanwhile, it has also refused to stay ASI’s survey in the disputed sites.
In an interim direction, a bench of justices Hrishikesh Roy and Prashant Kumar Mishra says no action should be taken without its permission on the outcome of the ASI’s survey. It also clarified that no physical excavation should be taken in disputed sites which will change its character.
Maulana Kamaluddin Welfare Society approached the Supreme Court against Madhya Pradesh High Court order directing the Archeological Survey of India to conduct survey in the disputed site “Bhojshala and Kamal Maula Masjid”.

The Madhya Pradesh High Court recently allowed the survey by the Archaeological Survey of India (ASI) at the Bhojshala Temple-Kamal Maula Mosque complex. Hindus consider Bhojshala, to be a temple dedicated to Vagdevi, while Muslims know it as the Kamal Maula Mosque.

The high court, in its order, 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.

“All other issues and submissions relating to the relief as claimed by the petitioners or the right to worship and perform rituals in the disputed premises shall be considered and determined only after receipt of the aforementioned report from the Expert Committee. The issue relating to validity of the wakf created on the disputed complex; that of granting the relief in the writ proceedings or relegating the petitioners to the Civil Suit for claiming those reliefs will all be determined and adjudicated post the receipt of a report from the Five Member Committee of the ASI as aforementioned,” the High Court said.

The high court has also ordered the ASI committee to submit the report of the survey within a period of six weeks from the date of receipt of the order. The high court has directed to survey with the latest methods and techniques.