Indore, February 16 Citing an order from the Supreme Court, the Indore bench of the Madhya Pradesh High Court said on Monday that pending petitions related to the dispute over the Bhojshala temple-Kamal Maula Mosque complex in Dhar should be placed before the Chief Justice of the HC.
"These matters should be placed before the Chief Justice for necessary orders for hearing the cases along with the pending writ appeal before the principal bench," a division bench of the HC comprising Justices Vijay Kumar Shukla and Alok Awasthi said.
The Hindu community considers Bhojshala to be a temple of Vagadevi (Goddess Saraswati), while the Muslim side regards the 11th-century monument as the Kamal Maula Mosque. The complex is protected by the Archaeological Survey of India (ASI).
However, due to a one-day statewide lawyers' strike, no advocate from either side appeared before the High Court. Two litigants from the Hindu and Muslim communities appeared in person in the court.
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 supply it to the parties, who can file objections to it.
Following this order, the matter was listed before the High Court for the first time on Monday.
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 concerned parties to maintain a status quo at the disputed complex and continue to comply with the ASI's April 2023 order.
The HC stated that, in accordance with the Supreme Court's directions, cases related to the dispute pending before the Indore bench be placed before the Chief Justice of the High Court so that necessary orders may be passed for their hearing along with a writ appeal pending before the Jabalpur principal bench.
The HC fixed February 18 as the next date of hearing.
The Supreme Court had last month said it would be appropriate if the writ petition pending before the Indore bench of the HC is heard by a division bench presided over by the Chief Justice of the HC or the senior-most judge.
The apex court had also said that a writ appeal pending before the principal bench of the High Court at Jabalpur and the connected cases be heard by the division bench along with the main writ petition.
It was brought to the notice of the apex court that an intra-court appeal has been pending before the principal seat of the high court.
The SC observed that the said appeal and the other connected matters be heard by the division bench with the main writ petition.
During Monday's hearing at the Indore bench, Ashish Goyal from the Hindu Front for Justice and Abdul Samad, associated with the Maulana Kamaluddin Welfare Society representing the Muslim side, were present in person.
Samad told reporters that before the court reaches any conclusion on the disputed complex, a petition filed by his side in 2019 before the principal bench of the High Court at Jabalpur should be disposed of.
He said the petition describes an ASI order dated April 7, 2003, related to the disputed complex as improper and alleges that the said order is not being duly implemented.
Under the arrangement as per the ASI order on the Dhar complex dispute, Hindus are permitted to offer prayers there on Tuesdays, while Muslims are allowed to offer namaz at the site every Friday.