Bhojshala Temple-Kamal Maula Mosque Row : Supreme Court Bench Questions Excavation At Site Despite Interim Order

The Supreme Court today directed the Registry to place before CJI Sanjiv Khanna a petition challenging Madhya Pradesh High Court's order whereby the Archaeological Survey of India was directed to conduct a survey at the Bhojshala Temple-cum-Kamal Maula Mosque complex.

A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, noting that a CJI-led bench is in seisin of a batch of cases wherein Places of Worship Act has been challenged.

Though counsels for respondents, including Advocate Vishnu Shankar Jain, sought to claim that order in the Places of Worship Act batch does not come in the way of the present case (as Bhojshala complex is ASI-protected), the bench was not convinced and sought appropriate orders from the CJI for tagging of the case with the connected matters.

In the context of a contempt petition alleging violation of the court's earlier interim order against excavation at the Bhojshala complex site, which was also listed today, Justice Roy expressed,

"If you (respondents) want to press on this line...let's take up the contempt matter. We have seen some of the pictures. We had said no excavation (in our interim order). We find it from the pictures that some excavation is going on...are you accepting notice on behalf of the proposed contemnors?" When Advocate Jain conceded to what was falling from the court, the order directing placing of the case before CJI Khanna was passed.

Background

Bhojshala, an 11th-century monument protected by ASI, 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.

A writ petition was filed by the Hindu Front for Justice before the Madhya Pradesh High Court seeking to reclaim the Bhojshala complex on behalf of the Hindus. This plea sought a prohibition on the members of the Muslim community from offering namaz in its premises.

When the Madhya Pradesh High Court passed the impugned interim order directing ASI survey of the site, Maulana Kamaluddin Welfare Society approached the Supreme Court.

On April 1, 2024, the Supreme Court passed an interim order that no physical excavation should be taken by the ASI which will change the character of the premises in question. Recently, a bench of CJI Khanna and Justices Sanjay Kumar, KV Viswanathan ordered an interim stay against filing any suits against places of worship and restrained district courts from directing surveys in pending suits (such as those concerning Gyanvapi Mosque, Mathura Shahi Idgah and Sambhal Jama Masjid).

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