SC refuses to stay ASI survey of Bhojshala in Madhya Pradesh

New Delhi: The Supreme Court on Monday refused to stay "scientific survey" of the Bhojshala complex, a medieval-era structure which both Hindus and Muslims claim as their own in Madhya Pradesh's Dhar district.

The survey by the Archaeological Survey of India will determine the religious character of the Bhojshala complex in Madhya Pradesh.

Hindus consider Bhojshala, an Archaeological Survey of India (ASI)-protected 11th century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community call it Kamal Maula Mosque.

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

A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra sought a response of Centre and state government, and the Hindu side on the matter.

The court also said that no physical excavation should be done, which could alter the appearance of the structure, and there should not be any damage to the structure.

The bench added that no action should be taken on the outcome of the ASI survey without the court's permission.

On March 22, the Supreme Court had declined to entertain a plea challenging an order passed by the Madhya Pradesh High Court directing the ASI to survey Bhojshala, a protected 11th-century monument. The high court passed the order on March 11.

Maulana Kamaluddin Welfare Society earlier moved the apex court seeking an urgent hearing saying the ASI survey is slated to begin on March 23. They claimed that the survey will damage the protected monument.