New Delhi: The Supreme Court on Wednesday disposed of a plea filed by the Maulana Kamaluddin Welfare Society in the ongoing Bhojshala Temple-Kamal Maula Mosque dispute, expressing confidence that the Madhya Pradesh High Court will duly consider all objections, including those arising from videography conducted during the Archaeological Survey of India (ASI) survey.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi observed that there was “no doubt” the Madhya Pradesh High Court would examine the objections in accordance with the principles of natural justice.
The Bench was hearing a civil appeal arising out of a Special Leave Petition filed by the Muslim side challenging the course adopted by the Indore Bench of the Madhya Pradesh High Court in dealing with objections to the ASI survey report.
Dismissing the appeal, the apex court noted that “there is no dispute that the survey report was supplied to the parties, and some of them have submitted their objections,” while also recording that the ASI had conducted videography and photography of the disputed site.
Taking note of the appellant’s contention that certain objections were captured during the videography process, the Bench said: “We have no doubt that the learned High Court, after seeing such videography, shall consider those objections too, along with other objections made by the parties, in accordance with the principles of natural justice.”
The top court further directed that the Madhya Pradesh High Court shall take an appropriate decision on all objections, “including those which are found arising from the videography.”
Importantly, the Supreme Court clarified that it had not expressed any opinion on the merits of the dispute and left all issues open for adjudication by the Madhya Pradesh High Court.
“All the issues are left open to be adjudicated by the High Court. The parties may, accordingly, raise their respective contentions,” the order stated.
During the hearing, senior advocate Salman Khurshid, appearing for the petitioner, argued that certain activities at the site, including excavation, were contrary to earlier directions of the Supreme Court, and that objections raised by the mosque management were captured in the ASI’s videography.
On the other hand, counsel Vishnu Shankar Jain, appearing for the Hindu side, submitted that the Madhya Pradesh High Court had not yet taken a final decision and was proceeding in terms of the apex court’s earlier directions for a time-bound hearing.
In its earlier order dated January 22, the Supreme Court had directed a structured process, including the supply of the ASI survey report to the parties, grant of time to file objections, and final adjudication by the Madhya Pradesh High Court, while maintaining status quo at the disputed Bhojshala complex in Dhar district.
The dispute centres on competing claims over the historical and religious character of the Bhojshala complex, with the Hindu side asserting it is a temple dedicated to Goddess Saraswati, while the Muslim side maintains it is the Kamal Maula Mosque and has contested the ASI survey’s findings.
(IANS)
