Hindu body moves SC for lifting order restraining action on ASI's 'Bhojshala' report

New Delhi: Hindu petitioners have moved the Supreme Court requesting it to lift a stay granted on April 1 which restrained any action on the basis of an Archeological Survey of India (ASI) report on "Bhojshala", a medieval-era structure in Madhya Pradesh's Dhar district which both Hindus and Muslims claim as their own.

The application filed by the Hindu Front of Justice, which is the original petitioner in the case before the Madhya Pradesh High Court, and others said that after the April 1 order of the apex court, proceeding before the HC has also virtually stayed.

The application filed through advocate Vishnu Shankar Jain said the questions involved in the writ petition in the HC are required to be decided on merit at the earliest and, therefore, the SC interim order of April 1 may be vacated.

The application said that the ASI conducted a survey in terms of order passed by high court.

"The ASI has submitted a report before the high court in writ petition...on July 15, 2024 after supplying a copy of the same on the counsel appearing for the writ petitioner and the respondents," it said.

The application said no useful purpose would be served by continuing the interim order of April 1. The interim order may be vacated under the facts and circumstances of the case existing on record and in the interest of justice, it said.

The application said the Special Leave Petition filed by Maulana Kamaluddin Welfare Society (Muslim side) against the March 11 order of the high court, by which a scientific survey was ordered to be conducted by the ASI, has become infructuous as the petitioner can file objection to the report of ASI and also raise all the questions being raised in this petition.

A petition was filed in the top court by the Maulana Kamaluddin Welfare Society challenging the March 11 order of the Madhya Pradesh High Court for a "scientific survey" of the shrine to ascertain it belonged to which community.

On April 1, the top court had refused to stay a scientific survey of Bhojshala, an ASI-protected 11th-century monument, had said no action should be taken without its leave on the outcome of the impugned survey.

"It is made clear that no physical excavation should be taken which will change the character of the premises in question," the bench had said.

In its March 11 order, the high court order had directed the ASI to carry out a survey of the Bhojshala complex within six weeks.

Under an arrangement devised by the ASI on April 7, 2003, Hindus perform puja on the Bhojshala premises on Tuesdays, while Muslims offer namaz in the complex on Fridays.

Hindus consider Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community calls it Kamal Maula mosque.

The high court had said in its March 11 order, "A proper documented comprehensively drafted report prepared by an Expert Committee of not less than five (5) senior-most officers of ASI headed by the Director General/Additional Director General of the ASI himself be submitted before this Court within a period of six weeks from the date of receipt of a certified copy of this order." The HC order came on an application filed by an organisation called the Hindu Front for Justice (HFJ).

The plea was moved by HFJ president Ranjana Agnihotri and others against the Union of India and others.