Supreme Court to hear plea against ASI survey of Bhojshala along with Places of Worship Act case

The petition before the Supreme Court challenging the Madhya Pradesh High Court's decision to allow a survey to determine the religious character of the Bhojshala complex will now be heard along with petitions concerning the validity of the Places of Worship (Special Provisions) Act, 1991..A Bench of Justices Hrishikesh Roy and SVN Bhatti today tagged the matter, which concerns the Bhojshala Temple/Kamal Maula Mosque complex in Madhya Pradesh, along with the pleas concerning the 1991 Act..The Court opined that since a bench led by the Chief Justice of India (CJI) Sanjiv Khanna has already passed an order for status quo in disputes concerning the religious character of existing structures, nothing further may have to be done in the present case for now. "Since the order was passed by CJI-led Bench, nothing further needs to be done," Justice Roy remarked..Representing a Hindu party (respondent), Advocate Vishnu Jain replied that the CJI-led Bench's order, which concerns properties falling under the Places of Worship Act, would not apply to the present case."It (Bhojshala complex) is an ASI-protected monument. It is not in Places of Worship Act," he explained.The Court in response pointed out that there appeared to be a violation of an earlier order in any case.Notably, in an order passed in April last year, the Court had refused to stay a survey of the Bhojshala complex by the Archaeological Society of India (ASI). However, at the time, it had warned against undertaking any physical excavation which could change the structure's character..This directive appeared to have been flouted, the Court observed today while addressing Jain."We have seen some pictures. It was said excavation not to be done but we can see some excavation has been done. So now accept notice on behalf of contemnors?" Justice Roy remarked. The Court, however, confined to tagging the case along with the pending Places of Worship Act case, which is slated to come up for hearing in February.Additional Solicitor General (ASG) KM Nataraj, meanwhile, urged the Court to keep open the contention of whether the Bhojshala matter would fall under the Places of Worship Act."All contentions remain open," the Court clarified. .The Indore Bench of Madhya Pradesh High Court had in March 2024 directed the ASI to conduct a survey at the site in Dhar District which houses the Bhojshala Temple as well as the Kamal Maula Mosque.A High Court Bench of Justices SA Dharmadhikari and Devnarayan Mishra had observed that the nature and character of the monument need to be 'demystified and freed from the shackles of confusion.'The High Court's verdict had come on an interlocutory application in a writ petition seeking to reclaim the Bhojshala complex for Hindus and to prohibit Muslims from offering namaaz on its premises. The interlocutory application sought a scientific survey at the complex to ascertain its 'true character'..The High Court's decision to allow the ASI survey at the site was challenged before the Supreme Court by the Maulana Kamaluddin Welfare Society, which had earlier contested the matter in the High Court as well. The society had earlier contended before the High Court that the State government and the ASI were under the influence of the government of the day. It also argued that the Court must not support a partisan stand in favour of the existence of Bhojshala Vagdevi Temple against the interests of Muslims, who have been praying at the site and offering namaaz for years.However, the High Court allowed the survey, prompting the society to file the present appeal before the Supreme Court through law firm Ace Legal..[Read Live Coverage]