Supreme Court to Hear Petition Against MP High Court Judges Visit to Controversial Bhojshala Site

by

Ganpat Singh Chouhan

Supreme Court to Hear Petition Against MP High Court Judges Visit to Controversial Bhojshala Site

New Delhi, March 31: The Supreme Court will hear a petition filed by the Muslim side on Wednesday. This petition challenges the Madhya Pradesh High Court’s order regarding the long-standing Bhojshala temple-Kamal Maula mosque dispute in Dhar district.

According to the official cause list released by the Supreme Court, a bench comprising Chief Justice D.Y. Chandrachud, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi will review the special leave petition (SLP) filed by the Maulana Kamaluddin Welfare Society on April 1.

This petition contests the order issued by the Indore bench of the Madhya Pradesh High Court on March 16. The order mandated a personal inspection of the disputed Bhojshala premises before the next hearing, which is scheduled for April 2, when regular hearings will commence.

The Muslim side argues in its SLP that it was not given adequate time to register objections regarding the report presented by the Archaeological Survey of India (ASI).

Earlier, on March 16, the division bench of the Madhya Pradesh High Court, led by Justice Vijay Kumar Shukla and Justice Alok Awasthi, stated that due to various disputes associated with the Bhojshala temple-Kamal Maula mosque complex, they would personally visit the site before the next hearing.

The bench clarified that no party would be allowed to be present during the inspection. The Madhya Pradesh High Court also instructed all relevant parties to submit their objections, suggestions, and responses regarding the ASI survey report before April 2, the date set for regular hearings.

The ASI conducted a detailed scientific survey of this protected monument, indicating that features of earlier temple architecture are present in the current structure. The Muslim side has raised objections to this finding.

This dispute is based on conflicting claims regarding the historical nature of the Bhojshala complex. While the Hindu side asserts that it was originally a temple, the Muslim side has challenged the ASI’s findings and the methodology employed during the survey.

Notably, in a previous order issued on January 22, the Supreme Court allowed both communities to practice their religious rites at the site. The bench, led by Chief Justice D.Y. Chandrachud, directed that Friday prayers be conducted in a designated area within the complex from 1 PM to 2 PM, without imposing any time restrictions for the celebration of Vasant Panchami.

The apex court emphasized the need to maintain communal harmony and urged both parties to cooperate with authorities to ensure law and order. A balanced framework for exercising religious rights at the disputed site was also established.

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