Supreme Court Directs High Court to Hear All Cases in Bhojshala Dispute

Supreme Court Directs High Court to Hear All Cases in Bhojshala Dispute.webp

Indore, February 18 A bench headed by the Chief Justice of the Madhya Pradesh High Court will hear cases related to the Bhojshala Temple-Kamal Maula Mosque complex dispute in Dhar.

These cases are listed for hearing at the principal bench in Jabalpur on Wednesday, Vinay Joshi, a lawyer representing the petitioner organisation, Hindu Front for Justice, told

The Indore bench of the high court has transferred four writ petitions related to the Bhojshala Temple-Kamal Maula Mosque complex dispute to the principal bench in Jabalpur, he said.

A writ appeal related to this dispute is already pending at the principal bench in Jabalpur, he added.

All five cases will now be heard by a bench headed by the HC's Chief Justice, Joshi said.

Hindus consider Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community claims the 11th-century monument to be the Kamal Maula Mosque. The complex is protected by the Archaeological Survey of India (ASI).

As per the existing arrangement under the ASI's April 2023 order, which was initiated after the dispute over the Dhar complex, Hindus are allowed to worship there every Tuesday, while Muslims are allowed to offer namaz every Friday.

Noting that ASI has completed the scientific survey and has submitted its report in a sealed cover to the high court, the Supreme Court on January 22 directed the high court to unseal the report and it be supplied to the parties, who can file objections to it.

In its order, the apex court had observed that the matter would be taken up for final hearing after objections are filed and ordered the parties concerned to maintain a status quo at the disputed complex and continue to comply with the ASI's April 2023 order.

On Monday, the Indore bench of the High Court said that, in accordance with the Supreme Court's directions, cases related to the dispute pending before the bench be placed before the HC's Chief Justice so that necessary orders may be passed for their hearing along with a writ appeal pending before the Jabalpur principal bench.

The SC last month said it would be appropriate if the writ petition pending before the high court's Indore bench is heard by a division bench presided over by the Chief Justice of the HC or the senior-most judge.

The apex court also stated that a writ appeal pending before the principal bench of the Jabalpur High Court and the connected matters will be heard by the division bench along with the main writ petition.
 
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archaeological survey of india (asi) bhojshala temple-kamal maula mosque dispute dhar complex goddess saraswati indore high court jabalpur high court legal proceedings madhya pradesh high court mosque religious dispute status quo order supreme court of india temple vagdevi writ petition
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