The Supreme Court on Monday refused to stay “scientific survey” of the Bhojshala complex, a medieval-era structure which both Hindus and Muslims claim as their own in Madhya Pradesh’s Dhar district, but said no action should be taken without it permission on the outcome of the ASI survey.
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 call it Kamal Maula Mosque.
Under an arrangement made by the ASI on April 7, 2003, Hindus perform puja in the Bhojshala premises on Tuesdays, while Muslims offer namaz in the complex on Fridays.
A bench comprising Justices Hrishikesh Roy and P K Mishra has issued notices to various authorities, including the Centre, Madhya Pradesh government, and ASI, in response to a plea filed by Maulana Kamaluddin Welfare Society challenging the Madhya Pradesh high court's order for a scientific survey on March 11.
The bench has instructed, "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."