The Supreme Court on Wednesday ruled that the Madhya Pradesh High Court must formally consider objections raised by the Muslim side regarding the Archaeological Survey of India’s (ASI) scientific survey of the disputed Bhojshala Temple-Kamal Maula Mosque premises.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi emphasized that while it would not interfere with the High Court’s ongoing proceedings, all procedural challenges must be addressed in accordance with the “principles of natural justice.”
The matter reached the apex court after the Maulana Kamaluddin Welfare Society, represented by Senior Advocate Salman Khurshid, raised concerns over the accessibility of the survey’s findings. Khurshid argued that for the Muslim side to properly frame their objections, they require access to the videography and color photographs captured during the ASI’s investigation.
“We have raised several objections,” Khurshid told the bench. “We request that the videography be handed over and color photographs of the survey be provided.”
The bench noted that the High Court had already set a procedural timeline for these objections. Justice Joymalya Bagchi observed that the videography is intended to be played in open court, providing all parties an opportunity to contest its accuracy.
Chief Justice Surya Kant reiterated that the High Court’s interim orders were passed in deference to the Supreme Court’s 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 CJI remarked, adding that the apex court has not expressed any opinion on the merits of the case.
The 11th-century monument in Dhar district is a site of long-standing contention. The Hindu community identifies the structure as a temple dedicated to Goddess Saraswati (Bhojshala), while the Muslim community maintains it is the Kamal Maula Mosque.
Under a 2003 ASI arrangement, Hindus are permitted to worship at the site on Tuesdays, while Muslims offer namaz on Fridays. The current legal battle seeks to determine the permanent religious character of the complex.
The High Court had previously ordered a scientific survey to resolve “numerous disputes” surrounding the structure. The resulting 2,000-page ASI report suggests that a large structure from the Paramara period predated the mosque. Key findings in the report include:
- The reuse of architectural remains, decorated pillars, and sculptural fragments from ancient temples in the construction of the current mosque.
- Inscriptions and slabs suggesting the site was once associated with literary and educational activities.
- The existence of a pre-existing structure dating back to the reign of the Parmar kings.
While the Hindu side, represented by advocates Barun Sinha and Vishnu Shankar Jain, argues these findings prove the site’s original nature as a temple, the Muslim side has questioned the survey’s integrity. They allege that the ASI ignored prior objections and included “placed objects” in its final assessment.
The Madhya Pradesh High Court is scheduled to continue its regular hearing of the petitions following a recent on-site inspection conducted by Justices Vijay Kumar Shukla and Alok Awasthi on March 28.
