'Its Character Needs To Be Demystified': Madhya Pradesh HC Directs ASI To Survey Bhojshala Temple-Kamal Maula Mosque Complex

A bench of Justice SA Dharmadhikari and Justice Devnarayan Mishra ordered thus while hearing an interlocutory application filed in a pending writ petition (filed by Hindu Front for Justice) seeking a scientific survey of the Temple-Mosque premises.

The writ petition pending before the HC 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.

“The detailed arguments at the bar by all the contesting parties fortifies the Court's belief and assumption that the nature and character of the whole monument admittedly maintained by the Central Government needs to be demystified and freed from the shackles of confusion,” the Court remarked while it 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.

In its order, the Court 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.

Accordingly, the following directions are issued to the Director, ASI relating to the entire site:

a) Complete scientific investigation, survey and excavation, through the adoption of the latest methods, techniques and modes of GPR-GPS survey of the site in question constituting the disputed Bhojshala Temple cum Kamal Maula Mosque complex, as also the entire 50m of peripheral ring area surrounding/constituting the circular periphery from the boundary of the complex be conducted.

b) A detailed scientific investigation be conducted by adopting the carbon dating method for ascertaining the age, and life of various structures both above and beneath the ground; permanent, movable and immovable structures both beneath as well as above the ground, constituting the walls, pillars, floors, surfaces, upper top, sanctum sanctorum of the entire complex.

c) A proper documented comprehensively drafted report prepared by an Expert Committee of not less than five(5) senior most officers of ASI headed by the Director General/Additional Director General of the ASI himself be submitted before this Court within a period of six weeks from the date of receipt of certified copy of this order. Efforts should be made to have a representation of Officers of both the contesting communities (if available of the said position & rank) in the said Expert Committee;

d) To photograph and videography the entire survey proceedings in the presence of two (2) nominated representatives each of both the petitioners as well as respondent no.8 in the present petition;

e) To unlock and open the locked/ sealed rooms, halls of the whole complex and prepare a complete inventory of each and every artifact, idol, deity, or any structure found in the said locked, sealed halls and rooms, and submit the same along with the respective photographs. Such artefacts, idols, and structures all must be subjected to the very same exercise of scientific investigation, carbon dating and survey as stipulated above vide points (a) to (c) and be included separately in the report to be filed before this Court.

f) Any other study, investigation or inquiry, which the said five(5) member committee of the ASI feels necessary to be undertaken, without destroying, defacing, 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.

The Court, however, clarified that 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 report from the Five Member Committee of the ASI as aforementioned,” the Court added.

The matter is listed for hearing next on April 29.