MP High Court Denies Party's Plea To Participate In Ongoing ASI Survey Of Bhojshala Temple-Kamal Maula Mosque Complex

On Thursday, the Madhya Pradesh High Court dismissed an interim application filed by one of the petitioners to be physically present during the scientific investigation conducted by the Archaeological Survey of India at the Bhojshala Temple-Kamal Maula Mosque Complex in Dhar District.

“Admittedly, in the present petition, the petitioner has not prayed for a direction to the respondent No.2/ASI to conduct survey. …. It appears to be an afterthought pursuant to passing of the order dated 11.03.2024 in W.P.No. 10497/2022…”, the high court also added that the bunch of writ petitions will be decided on the basis of ASI Report after the survey is completed.

The Division Bench of Justices S. A. Dharmadhikari and Gajendra Singh opined that the survey being conducted by ASI as per the court order on 11.03.2024 is on the verge of completion. Refusing to allow the petitioner's plea to participate and remain present during the survey, the bench at Indore also pointed out that the reliefs claimed in the present interim application have nothing to do with the ongoing survey.

“…In view of the aforesaid, no ground is made out to permit the petitioner to participate or remain present during the survey. Accordingly, I.A.No. 2538/2024 stands rejected…”, the bench accordingly noted in the I.A preferred by Kuldeep Tiwari, a resident of Lucknow who is a teacher and one of the writ petitioners in the controversial dispute pertaining to the Bhojshala Temple-Kamal Maula Mosque Complex.

The matter has been listed for 29.04.2022 along with other connected matters.

Advocate Manish Gupta appeared for the petitioner. Dy. Solicitor General Himanshu Joshi appeared for the Union of India. Government Advocate Vaibhav Bhagwat represented the state government.

Senior Advocate Ajay Bagadia along with Advocate Devansh Awal appeared on behalf of respondent no. 8 Maulana Kamaluddin Welfare Society. Advocate Shreesh Dubey represented respondent no.9, Shri Maharaja Bhoj Seva Sansthan Samiti.

Background

Significantly, on 1^st April, in a plea preferred by Maulana Kamaluddin Welfare Society, 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.

On 11.03.2024, in WP No. 10497/2022 filed by Hindu Front for Justice, the MP High Court had entertained a specific interlocutory application filed by the petitioner therein. The said IA sought the issuance of directions to the Director, Archaeological Survey of India in terms of Section 75(e) and Order 26 Rule 10A of the CPC, which was allowed by the Division Bench seized of the matter.

The court had then opined that the 'nature and character of the whole monument…needs to be demystified and freed from the shackles of confusion'.

The writ petitions pending before the High Court seek 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.

(With Inputs From Sparsh Upadhyay)

Case Title: Kuldeep Tiwari & Others v. Union Of India Ministry Of Culture & Ors.

Case No: WP No. 10484 of 2022

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