New Delhi: The Supreme Court on Thursday directed its registry to place before the Chief Justice of India Sanjiv Khanna a plea challenging an order passed by the Madhya Pradesh High Court, directing the Archaeological Survey of India (ASI) to conduct a survey at the Bhojshala temple-cum-Kamal Maula Mosque complex.
The matter came up before a bench comprising Justices Hrishikesh Roy and SVN Bhatti.
The bench said that a bench led by CJI is already hearing a batch of pleas wherein the Places of Worship Act has been challenged. During the hearing, a counsel submitted that the matter considered by a bench led by CJI does not come in the way of the present matter, as Bhojshala complex is ASI-protected. However, the bench said the CJI may examine tagging it with the connected matters.
A contempt petition was also listed today alleging a violation of the court's earlier interim order against excavation at the site. The bench said it had clearly said no excavation in its interim order passed last year but from the pictures, it is apparent that some excavation is going on.
The apex court in April, last year, had passed an interim order that no physical excavation should be taken by the ASI which will change the character of the premises in question.
Last year, On December 12, the apex court, while acting on a batch of similar pleas against the 1991 law, had restrained all courts from entertaining fresh suits and also passing any interim or final orders in pending cases seeking to reclaim religious places.
The apex court passed the order while hearing a batch of petitions, including the lead one filed by lawyer Ashwini Upadhyay, challenging various provisions of the Places of Worship (Special Provisions) Act, 1991.
