Supreme Court refuses to stay ASI survey of Bhojshala Temple-Kamal Maula Mosque complex in Madhya Pradesh

Last month, the appellants, while seeking an urgent hearing of the matter “in view of the sensitivity of the issue,” had said that “the survey may cause damage to the place of worship and affect religious sentiments of communities at large”.

For Hindus, the ASI-protected complex is a temple dedicated to the Goddess Vagdevi (Saraswati), while for Muslims, it is the site of the Kamal Maula Mosque. As per an arrangement in 2003, Hindus perform puja at the complex on Tuesdays, while Muslims offer namaz on Fridays.

The petitioners in the case, the Hindu Front for Justice, have argued that Kamal Maula Mosque was constructed between the 13th and 14th centuries during Alauddin Khilji’s reign by “destroying and dismantling ancient structures of previously constructed Hindu temples”.

The high court had ordered a complete scientific investigation, survey, and excavation of the Bhojshala complex. It said the “nature and character of the whole monument, admittedly maintained by the Central government, needs to be demystified and freed from the shackles of confusion”. Because of the “mystery” surrounding the exact “nature, form and character” of the complex, “the ghost of controversies has assumed such mammoth proportions”, it said.

It had also directed the ASI to constitute an expert committee that will “complete scientific investigation, survey and excavation, through the adoption of latest methods and techniques” and submit the report within six weeks.