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Bhojshala Temple-Kamal Maula Mosque | Supreme Court Refuses To Entertain Mutawalli's Plea Against ASI Survey After He Agrees To Approach HC
Gyanvi Khanna
6 April 2024 9:48 AM IST
The Supreme Court on Friday (April 5) refused to entertain a Special Leave Petition filed by the Mutawalli of the Kamal Maula Mosque complex challenging the Madhya Pradesh High Court's direction for a survey by the Archaeological Survey of India (ASI) at the Bhojshala Temple cum Kamal Maula Mosque complex in MP.The bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra noted that...
The Supreme Court on Friday (April 5) refused to entertain a Special Leave Petition filed by the Mutawalli of the Kamal Maula Mosque complex challenging the Madhya Pradesh High Court's direction for a survey by the Archaeological Survey of India (ASI) at the Bhojshala Temple cum Kamal Maula Mosque complex in MP.
The bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra noted that the Mutawalli(Quazi Moinuddin) was not a party to the proceedings before the High Court. The bench suggested that he can intervene in the matter before the High Court (writ petition filed by Hindu Front of Justice) instead of directly approaching the Supreme Court.
It may be recalled that the Supreme Court, on April 1, had issued notice on the SLP filed by the mosque committee (Maulana Kamaluddin Welfare Society). While refusing to halt the ASI survey, the Court passed an interim direction that there should be no excavation which would alter the physical nature of the structures. The Court had also directed that no action should be taken without the leave of the Supreme Court on the outcome of the survey under the impugned order.
While hearing the SLP filed by the Mutawalli, the Bench asked the counsel if he was a party in the High Court proceedings. To this, the counsel replied in the negative. Following this, Justice Mishra orally said: “Why don't you apply first in the High Court? You are straight away coming here in SLP, you are filing the intervention. Lest you are a party there, first High Court will…You see, you are pre-empting things in the High Court. You will seek leave here, once leave is granted, you will automatically make yourself a party in the High Court. Why did you not implead yourself in the High Court first?”
Justice Roy said, “Why you do not get yourself impleaded in the High Court. there is an order, you cannot get a better order than what is obtained and passed by this Court…you be a party in the High Court.”
In light of these observations, the Court passed the following order:
“Mr. Akbar Siddique, learned counsel submits that the petitioner here was not a party in the (matter) pending before the Madhya Pradesh High Court. However, the petitioner, being the Mutawalli, is affected by the interim order passed by the division bench on 11.03.2024. Be that as it may, the counsel submits that instead of pressing this matter, the petitioner would seek impleadment in the pending proceeding in the High Court and proceed thereafter. Noting the above, the matter stands disposed of as not pressed".
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.
Case Title: Quazi Moinuddin v. Hindu Front For Justice and Ors |Diary No. 13072-2024
