Supreme Court Leaves Bhojshala Survey Objections to HC
Apex court declines to intervene, says HC must follow natural justice principles
New Delhi: The Supreme Court on Wednesday said the Madhya Pradesh High Court will consider objections raised by the Muslim side over the ongoing survey of the Bhojshala Temple-Kamal Maula Mosque complex.
Refusing to intervene, the apex court said all objections related to the scientific survey conducted by the Archaeological Survey of India must be addressed in line with principles of natural justice.
A three-judge bench headed by Chief Justice of India Surya Kant, and comprising Justices Joymalya Bagchi and Vipul M. Pancholi, heard submissions from senior advocate Salman Khurshid for the Maulana Kamaluddin Welfare Society and advocates Barun Sinha and Vishnu Shankar Jain for Hindu parties.
Khurshid said, "We have raised several objections. We request that the videography be handed over and colour photographs of the survey be provided so we can properly frame our objections."
The bench noted that the High Court had already fixed the procedure and timeline for hearing objections. Justice Bagchi observed that while some objections were recorded in the survey report, others remain pending, adding that videography would be examined in court for verification.
“The High Court has passed an order in deference to our earlier directions. We have no doubt that the High Court, after perusing the videography, will take up the objections in accordance with the principles of natural justice,” the Chief Justice said.
The court clarified it had not expressed any view on the merits and said parties could approach the High Court for grievances.
The High Court had scheduled April 2 for hearing petitions related to the disputed complex and conducted a site inspection on March 28.
The dispute centres on the religious character of the monument, with Hindu parties claiming it is a temple dedicated to Goddess Saraswati, while the Muslim side maintains it is a mosque.
As per a 2003 order of the Archaeological Survey of India, Hindus are allowed puja at the site on Tuesdays and Muslims are permitted to offer namaz on Fridays.