The Supreme Court issued a directive on Monday, restraining the Archaeological Survey of India (ASI) from conducting excavations during its scientific survey of Bhojshala, a protected 11th-century monument located in Madhya Pradesh’s Dhar district. The court specified that no actions should be taken based on the ASI report without its prior permission.
Bhojshala holds significance for Hindus, who consider it a temple dedicated to Vagdevi (Goddess Saraswati), while Muslims refer to it as Kamal Maula Mosque.
The Maulana Kamaluddin Welfare Society, responsible for managing the mosque situated within the Bhojshala premises, approached the Supreme Court to challenge the Madhya Pradesh High Court’s order on March 11, which mandated the survey.
The Supreme Court has sought responses from the Madhya Pradesh government, ASI, and the Hindu petitioners within four weeks. A bench comprising justices Hrishikesh Roy and PK Mishra emphasized that no physical excavation should be carried out that would alter the nature of the premises under question.
Senior advocate Salman Khurshid, representing the welfare society, highlighted to the Supreme Court that the survey was initiated without hearing the Muslim side, expressing concerns that it could result in permanent damage to the monument.
Additional solicitor-general KM Nataraj, representing the state, informed the court that the survey had commenced on March 22.
The Muslim petitioners argued that the survey could lead to the production of new evidence, while senior advocate Ardhendumauli Kumar Prasad, representing the Hindu petitioners, asserted that the survey aimed solely to ascertain the religious identity of the monument.
In May 2022, the Hindu Front for Justice filed a petition in the high court against the holding of Namaz (Islamic prayers) at Bhojshala. They requested a survey to determine the “true religious identity” of the site. The court permitted ASI to conduct the survey based on evidence presented by the petitioners, which included coloured photographs of pillars with Sanskrit inscriptions.
Since April 2003, ASI has allowed Hindus to perform puja (ritual worship) at Bhojshala every Tuesday and permitted Muslims to offer Namaz in the complex on Fridays.
