New Delhi: The Supreme Court on Friday declined to entertain a plea challenging an order passed by the Madhya Pradesh High Court directing the Archaeological Survey of India (ASI) to survey Bhojshala, a protected 11th-century monument. The high court passed the order on March 11.
The matter was mentioned before a bench led by Justice Hrishikesh Roy seeking an urgent hearing. The bench told the petitioner that it cannot stay the survey without hearing the other side and added that the matter is already scheduled for hearing on April 1 when the court reopens after the Holi break. The bench noted that the survey usually takes time. "We will take it up on that day (April 1)," said the bench.
Maulana Kamaluddin Welfare Society, moved the apex court registry on Thursday for an urgent hearing saying the ASI survey is slated to begin on Friday. They claimed that the survey will damage the protected monument.
In May 2022, Hindu Front for Justice filed a petition in the High Court against namaz at Bhojshala. The Hindu side had urged the court to issue a direction to conduct a survey to determine the "real religious character" of Bhojshala.
The High Court allowed ASI to survey the monument based on evidence the petitioners presented in the form of coloured photographs of pillars where Sanskrit verses are written.
A team of ASI began the survey of the disputed site in tribal dominated Dhar district of Madhya Pradesh after directions by the MP High Court to confirm whether the site belongs to the Hindus or the Muslims. The Hindus claim that the site is a temple of Goddess Saraswati while the Muslims believe it to be the 'Kamal Maula Mosque'.
The survey is being conducted under the surveillance of sixty cameras amid a strict ban on the entry of people inside the banquet hall. The Indore Bench of Madhya Pradesh High Court had on March 11 ordered that a scientific survey of Dhar's Bhojshala should also be conducted by ASI within three weeks, on the lines of Gyanvapi mosque.
The survey started at 6 am on Friday. The survey will be conducted in two phases. The first phase ended at 12 o'clock, while the second phase started at four o'clock.
Security has been beefed up around the disputed site amid the ongoing Muslim holy month of Ramzan during which Muslims devoutly follow the five prayers a day.
Sources said that 175 police personnel including ASP, CSP, DSP and eight police station in-charges have been deployed around the site as a precautionary measure. The ASI has issued notice to both the parties asking them to be present at the site during the survey.
