Supreme Court to Address Muslim Plea Against MP High Court's Bhojshala Inspection
Synopsis
Key Takeaways
New Delhi, March 31 (NationPress) The Supreme Court is set to examine, on Wednesday, a petition from the Muslim faction contesting the Madhya Pradesh High Court’s ruling in the protracted Bhojshala Temple-Kamal Maula Mosque conflict in Dhar district.
According to the causelist available on the apex court's official website, a Bench comprising Chief Justice of India (CJI) Surya Kant along with Justices Joymalya Bagchi and Vipul M. Pancholi will review the Special Leave Petition (SLP) submitted by the Maulana Kamaluddin Welfare Society on April 1.
The petition challenges the March 16 directive issued by the Indore Bench of the Madhya Pradesh High Court, which resolved to conduct a personal visit to the contested Bhojshala site ahead of the next hearing and scheduled regular hearings to commence on April 2.
The Muslim faction, in its SLP filed with the Supreme Court, claims that they were not afforded a sufficient opportunity to present their objections regarding the report from the Archaeological Survey of India (ASI).
Previously, on March 16, a Division Bench of Justices Vijay Kumar Shukla and Alok Awasthi of the Madhya Pradesh High Court noted that due to the various disputes surrounding the Bhojshala Temple–Kamal Maula Mosque complex, a personal site visit before the next hearing was essential.
The Justice Shukla-led Bench made it clear that no parties would be permitted to be present during this inspection.
The MP High Court also instructed all relevant parties to submit their objections, suggestions, and feedback concerning the ASI’s survey report prior to April 2, when regular hearings are set to take place.
The ASI, which had conducted a comprehensive scientific survey of the protected monument, suggested that the current structure exhibits characteristics of earlier temple architecture, a claim that the Muslim side disputes.
The crux of the dispute revolves around conflicting assertions regarding the historical nature of the Bhojshala complex; the Hindu side claims it was originally a temple, while the Muslim side has raised objections to both the ASI findings and the methodology employed during the survey.
Importantly, in a prior ruling on January 22, the Supreme Court had allowed both communities to perform their respective religious rituals at the site. The CJI Surya Kant-led Bench permitted Basant Panchami worship without time constraints, while stipulating that Friday prayers should be conducted between 1 p.m. and 3 p.m. in a specifically designated area within the premises.
The apex court emphasized the importance of fostering communal harmony and encouraged both parties to cooperate with authorities to maintain law and order, establishing a balanced framework for the exercise of religious rights at this contested site.