The Supreme Court on Monday refused to stay a "scientific survey" of Bhojshala, a medieval-era structure in Madhya Pradesh's Dhar district which both Hindus and Muslims claim as their own, but said no action should be taken without its permission on the outcome of the exercise.
Hindus consider Bhojshala, an Archaeological Survey of India (ASI)-protected 11th-century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community calls it Kamal Maula mosque.
Under an arrangement made by the ASI on April 7, 2003, Hindus perform puja on the Bhojshala premises on Tuesdays and Muslims offer 'namaz' in the complex on Fridays.
A bench of justices Hrishikesh Roy and P K Mishra issued notices to the Centre, the Madhya Pradesh government, the ASI and others on the plea filed by the Maulana Kamaluddin Welfare Society challenging the March 11 order of the Madhya Pradesh High Court on the "scientific survey".
"Issue notice returnable in four weeks. In the interim, no action should be taken without the leave of this court on the outcome of the ordered impugned survey.
"It is made clear that no physical excavation should be taken which will change the character of the premises in question," the bench said.
In its March 11 order, the high court order had directed the ASI to carry out a "scientific survey" of the Bhojshala complex within six weeks.
"A proper documented comprehensively drafted report prepared by an Expert Committee of not less than five (5) senior-most officers of ASI headed by the Director General/Additional Director General of the ASI himself be submitted before this Court within a period of six weeks from the date of receipt of a certified copy of this order," the court said in its 30-page order.
The HC order came on an application filed by an organisation called the Hindu Front for Justice (HFJ).
According to the plea, the ASI survey is a statutory duty which should have fulfilled long back at the inspection stage when the "mystery and confusion" about the true character of Bhojshala Saraswati temple (Bhojshala Temple)-cum-Maulana Kamal Maula mosque arose, leading to disputes about its true status.