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Synopsis

The Supreme Court of India today tagged the Bhojshala Temple-cum-Kamal Maula Mosque dispute with other Places of Worship cases before the CJI Sanjiv Khanna-led bench.

A bench of Justices Hrishikesh Roy and S.V.N. Bhatti, in its order, said, 'It is pointed out regarding the Enforcement of Places of Worship Act, where an interim order was passed by a bench headed by the CJI. The Registry should obtain the necessary order from the CJI and tag it along with other pending matters.'

Court made these observations in a plea filed against the Madhya Pradesh High Court's order directing the ASI to conduct a survey at the Bhojshala Temple-cum-Kamal Maula Mosque complex.

During today’s hearing, Advocate Vishnu Shankar Jain, representing the respondents, argued that the order passed by the CJI would not hinder the petition, as it concerns an ASI-protected area, and the order pertains to the Places of Worship.

In response, the court said, 'If you are going to press this, there is a contempt matter. We have seen the pictures. Let’s take up the pictures. We will say no excavation. We have seen excavation is going on, and we will issue a notice in contempt."

Recently, in a batch of pleas challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991 (PoW Act), the Supreme Court ordered on December 12 that no trial court across India shall register any fresh suit filed by a community or its members claiming ownership of any existing religious place belonging to a different community, until the next hearing date in the matter before it.

In July 2024, the Hindu Front for Justice had moved 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.