SC restrains ASI from excavation during Bhojshala survey
The Supreme Court sought responses from the Madya Pradesh government, ASI, and the Hindu petitioners within four weeks
The Supreme Court on Monday restrained the Archaeological Survey of India (ASI) from excavation during its scientific survey of Bhojshala, a protected 11th-century monument in Madhya Pradesh’s Dhar. It directed that no action be taken on the ASI report without the court’s permission.
The Hindus consider the Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati) while the Muslims call it Kamal Maula Mosque.
The Maulana Kamaluddin Welfare Society, which manages the mosque on the Bhojshala premises, moved the Supreme Court challenging the Madhya Pradesh high court’s March 11 order for the survey.
The Supreme Court sought responses from the Madya Pradesh government, ASI, and the Hindu petitioners within four weeks. “It is made clear that no physical excavation is to be done which will change the character of the premises in question,” said a bench of justices Hrishikesh Roy and PK Mishra.
Senior advocate Salman Khurshid, who represented the welfare society, told the Supreme Court that the survey was ordered without hearing the Muslim side. He cited apprehensions that the survey could lead to permanent damage to the monument.
Additional solicitor-general KM Nataraj, who appeared for the state, told the court that the survey had been going on since March 22.
In its appeal, the Muslim side said the survey would lead to the creation of new evidence. Senior advocate Ardhendumauli Kumar Prasad, representing the Hindu side, said the survey was only meant to determine the religious character of the monument.
Hindu Front for Justice filed a petition in the high court in May 2022 against Namaz at Bhojshala. It sought a survey to determine the “real religious character” of Bhojshala. The court allowed ASI to survey the monument based on evidence the petitioners presented in the form of coloured photographs of pillars with Sanskrit inscriptions.
In April 2003, ASI allowed Hindus to perform puja at Bhojshala every Tuesday and Muslims Namaz in the complex on Fridays.
