Madhya Pradesh HC adjourns hearing on Bhojshala dispute

PTI, Jul 22, 2024, 2:58 PM IST

The Indore bench of the Madhya Pradesh High Court on Monday adjourned the hearing on the disputed Bhojshala-Kamal Maula mosque complex in Dhar district, a week after the Archaeological Survey of India (ASI) submitted its scientific survey report on the issue.
A division bench of Justice S A Dharmadhikari and D V Ramana said it would hear the matter once the Supreme Court order comes, ASI’s counsel Himanshu Joshi said.
The Supreme Court on July 15 agreed to consider listing a plea against a scientific survey of Bhojshala filed by the Maulana Kamaluddin Welfare Society challenging the high court’s March 11 order for a survey to ascertain which community the shrine belonged to.
The high court on Monday said the intervener applications will be considered at the stage of the final argument after the ASI’s counsel argued that if such an application was entertained, many more would come, and the case would linger on.
Talking to PTI, Joshi said, “The HC will start hearing on the ASI report once the direction from the Supreme Court comes. It said ‘let the order from the Supreme Court come thereafter, we will hear the matter’.”
On April 1, the Supreme Court refused to stay the scientific survey of Bhojshala but said no action should be taken without its permission on the outcome of the exercise.
Last week, ASI submitted its scientific survey report, running into more than 2,000 pages.
The HC had ordered the survey on an application by ‘Hindu Front for Justice’, and had given the premier agency six weeks for the task.
The ASI, which started the survey on March 22, approached the HC twice to seek an extension to complete it.
The Hindu community considers Bhojshala a temple of Vagdevi (Goddess Saraswati), while the Muslim side calls it Kamal Maula Mosque.
The ASI issued an order on April 7, 2003, concerning access to the monument after a controversy erupted.
As per the order, which has been in place for the last 21 years, Hindus are allowed to worship in the Bhojshala on Tuesdays, while Muslims can offer namaz there on Fridays.
The Hindu Front for Justice has challenged this arrangement in its petition.