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Court has been told that no purpose would be served by extension of the interim stay as the High Court should decide the issue on merits
Hindu Front for Justice has move Supreme Court of India seeking to vacate its order passed in April this year restraining the Madhya Pradesh High Court to take action on the basis of the report submitted by ASI before it.
Notably, Maulana Kamaluddin Welfare Society had approached Supreme Court of India against the Madhya Pradesh High Court's order dated March 11, 2024 whereby the application for conducting ASI survey was allowed in respect of the building complex in dispute i.e. Bhojshala or alleged Kamal Maula Mosque to find out the religious character of the building.
As an interim relief, the Supreme Court had ordered that no action should be taken on the outcome of the survey ordered by the High Court and furthermore, no physical excavation should be undertaken which will alter the character of Bhojshala Temple cum Kamal Maula Mosque at Dhar District, Madhya Pradesh.
It is the respondent Hindu side's case that SLP filed by Maulana Kamaluddin Welfare Society has become infructuous as they can file objection to the report of ASI and also raise all the questions before the High Court.
Few days back, Supreme Court of India had agreed to consider the early listing of a petition relating to the Bhojshala temple complex after an urgent mentioning was made by Advocate Vishnu Shanker Jain, appearing for the Hindu Front for Justice, before a bench of Justices Hrishikesh Roy and SVN Bhatti, saying that the ASI's report was submitted in the Madhya Pradesh High Court.
The Madhya Pradesh High Court is also seized of the issue wherein a writ petition has been filed seeking to reclaim the Bhojshala complex located in Madhya Pradesh's Dhar for Hindus and prohibit Muslims from offering Namaz in its premises.
The plea also seeks directions to re-establish the idol of Goddess Saraswati (Vagdevi) which was established by King Bhoj in the year 1034 A.D but taken to London by the Britishers after it was desecrated.
PIL challenges the ASI order dated April 7, 2003, which allowed Muslims to offer namaz within the Bhojshala complex, and restricted the right of Hindus to worship within the premises. Hindus consider the Bhojshala to be a temple dedicated to Vagdevi, while Muslims know it as the Kamal Maula Mosque.
Case Title: Maulana Kamaluddin Welfare Society Petitioner vs. Hindu Front for Justice & Ors.
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