Bhojshala-Kamal Maula mosque dispute: SC says MP HC will decide on objections of Muslim side

Appearing for the Maulana Kamaluddin Welfare Society, Senior Advocate Salman Khurshid told the bench, also comprising Justices Joymalya Bagchi and Vipul M Pancholi, “All we want is videography and colour pictures to be handed over so that we can make our objections.”

Khurshid said the High Court can consider the matter thereafter, and there is no need for any haste in hearing it.

CJI Kant said the High Court had not rejected the request but had only said that the application seeking the video copy and colour pictures would be taken up with the main case.

Khurshid said, “The problem really is when the main case is heard and our objection is not there because we have not looked at the videography.” He said that if it is taken up only at the stage of hearing the main petition, “it will be too late for us at that stage to point out anything as far as the videography is concerned”.

“There is no intention to delay or anything…The videography issue is very critical,” he submitted.

The senior counsel said that although the mosque side had submitted some of its objections, “there cannot be comprehensive objections unless we know issues that were arising during videography”.

The CJI asked whether the videography was not conducted in the presence of representatives of the mosque side. Khurshid replied, “It was, but unfortunately, they were doing the survey simultaneously in 4 places and only 2 people were allowed, and we couldn’t be everywhere.”

“Obviously, in such matters, only selected persons can be allowed in, or else it will become very difficult,” the CJI said, adding that the Supreme Court will ask the HC to decide all objections.

Justice Bagchi said the video would be played in court and the parties can then raise their objections.

Advocate Vishnu Shankar Jain, who appeared for the temple side, said, “We are also entitled to copies of videography and colour photographs, and we will also request the same.”

Khurshid said, “We will be at a great disadvantage if there are objections flowing from the videography.”

Disposing of the plea, the bench said, “It, thus, seems that according to the appellant, there are some objections which arise from what is duly recorded in the course of videography. We have no doubt that the learned High Court, after seeing such videography, shall consider those objections too, along with other objections made by the parties, in accordance with the principles of natural justice. The High Court shall, accordingly, take an appropriate decision on the objections, including those which are found arising from the videography.”