The Indore bench of the Madhya Pradesh High Court has intervened to resolve technical disputes regarding the accessibility of evidence in the ongoing Bhojshala temple-Kamal Maula Mosque complex case. On Monday, the court directed the High Court’s IT section to facilitate the viewing of survey videography for the Muslim side after their counsel reported being unable to access the files via digital platforms.
The division bench, comprising Justices Vijay Kumar Shukla and Alok Awasthi, has further mandated that the Maulana Kamaluddin Welfare Society submit any written objections regarding the videography by May 7.
The Archaeological Survey of India (ASI) recently conducted a scientific survey of the 11th-century monument located in Dhar, which is a protected site under the ASI. While the Hindu community venerates the site as a temple dedicated to Vagdevi (Goddess Saraswati), the Muslim community identifies it as the Kamal Maula Mosque.
The current proceedings arose when Advocate Tausif Warsi, representing the Dhar-based Maulana Kamaluddin Welfare Society, informed the bench that he faced “technical difficulties” in accessing the videography of the survey. In response, the ASI counsel clarified that the footage had been uploaded to Google Drive as per previous court mandates and that access had already been granted.
To ensure transparency and progress in the litigation, the bench ordered the court’s IT department to make immediate arrangements on Monday for the counsel to view the footage. Additionally, the court directed that access be shared via email with senior advocate Salman Khurshid, who is also representing the society.
Beyond the technicalities, the court heard substantial arguments regarding the historical and regulatory status of the complex. Additional Solicitor General Sunil Kumar Jain, appearing for the ASI, provided a timeline of the monument’s protection, stating it has been under the regulatory control of the ASI since 1904.
A key point of contention emerged regarding a 1935 declaration from the erstwhile Dhar princely state’s court, which the Muslim side cited as proof that the monument was declared a mosque. However, ASG Jain countered this claim, arguing that the 1935 declaration holds no legal validity in the current framework. He stated that the provisions governing ASI-protected monuments have effectively nullified such historical declarations.
The High Court has been maintaining a rigorous schedule of hearings since April 6, dealing with four petitions and one writ appeal that seek to determine the true religious nature of the disputed site. The ASG’s arguments are scheduled to continue on May 5.
The Maulana Kamaluddin Welfare Society now has a three-day window to review the videography and file their formal objections before the next significant deadline of May 7.
