New Delhi: The Supreme Court declined to intervene with a recent order from the Madhya Pradesh High Court instructing the Archaeological Survey of India (ASI) to conduct a survey of Bhojshala, an 11th-century protected monument. The matter has been scheduled for a hearing on April 1.
Bhojshala is revered by Hindus as a temple dedicated to Vagdevi (Goddess Saraswati), while Muslims refer to it as Kamal Maula Mosque. A petition challenging the high court's order from March 11 was brought before Justice Hrishikesh Roy's bench for an urgent hearing. The bench stated it could not stay the survey without hearing both sides and decided to address the matter when the court resumes after the Holi break on April 1. The court also noted that ASI surveys typically require significant time.
The petitioner, Maulana Kamaluddin Welfare Society, filed for an urgent hearing with the Supreme Court registry on Thursday, expressing concerns that the ASI survey, slated to commence on Friday, could harm the protected monument.
The Hindu Front for Justice lodged a petition in the high court in May 2022 against the offering of namaz at Bhojshala, seeking a survey to ascertain the monument's "true religious character."
Based on evidence presented by the petitioners in the form of colored photographs showing pillars inscribed with Sanskrit verses, the high court granted permission for ASI to conduct the survey. Since April 2003, Hindus have been allowed to perform puja at Bhojshala every Tuesday, while Muslims have been permitted to offer namaz on Fridays.
In May 2022, the court deemed the Hindu Front for Justice's public interest litigation challenging the ASI's decision to be comprehensive. It issued notices to the ASI, the Union government, and the state government, seeking their responses to the plea. The petition urged the court to direct the Union government to reinstall an idol of Goddess Saraswati within the Bhojshala complex, citing historical installation by the rulers of Dhar in 1034 AD and its subsequent removal to London by the British in 1857.
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