SC to Hear Plea Challenging High Court’s Bhojshala Inspection

SC to Hear Plea Challenging High Court’s Bhojshala Inspection.webp

New Delhi, March 31 – The Supreme Court is scheduled to hear a petition filed by the Muslim side challenging the order of the Madhya Pradesh High Court in the long-standing Bhojshala Temple-Kamal Maula Mosque dispute in the Dhar district.

According to the cause list published on the official website of the apex court, a Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi will take up the Special Leave Petition (SLP) filed by the Maulana Kamaluddin Welfare Society on April 1.

The petition challenges the order passed by the Indore Bench of the Madhya Pradesh High Court on March 16, which had decided to undertake a personal inspection of the disputed Bhojshala complex before the next date of hearing and fixed April 2 for the commencement of regular hearings in the matter.

In its SLP before the top court, the Muslim side has contended that it was not given an adequate opportunity to file objections to the report submitted by the Archaeological Survey of India (ASI).

Earlier, on March 16, a Division Bench of Justices Vijay Kumar Shukla and Alok Awasthi of the Madhya Pradesh High Court, after hearing extensive arguments, observed that, in view of the multiple disputes surrounding the Bhojshala Temple–Kamal Maula Mosque complex, it would personally visit the site prior to the next hearing.

The Justice Shukla-led Bench had clarified that no parties would be allowed to be present during the inspection.

The MP High Court had also directed all stakeholders to submit their objections, suggestions, and responses to the ASI’s survey report before April 2, when the matter is scheduled for regular hearing.

The ASI, which conducted a detailed scientific survey of the protected monument, had indicated that the existing structure bears features of earlier temple architecture, a claim disputed by the Muslim side.

The dispute centres on competing claims over the historical character of the Bhojshala complex, with the Hindu side asserting that it was originally a temple, while the Muslim side has challenged both the ASI findings and the methodology adopted during the survey.

Notably, in an earlier order passed on January 22, the Supreme Court had permitted both communities to carry out their respective religious practices at the site. While allowing Basant Panchami worship without time restrictions, the CJI Surya Kant-led Bench had directed that Friday namaz be offered between 1 p.m. and 3 p.m. at a separately demarcated area within the premises.

The apex court had stressed the need for maintaining communal harmony and urged both sides to cooperate with authorities to ensure law and order, laying down a balanced framework for the exercise of religious rights at the disputed site.
 
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archaeological survey of india bhojshala temple communal harmony court case dhar district disputed temple kamal maula mosque madhya pradesh high court maulana kamaluddin welfare society religious dispute religious observance religious practices special leave petition supreme court temple architecture
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