In a significant development, the Supreme Court of India has declined to entertain a petition challenging the ongoing Archaeological Survey of India (ASI) survey at Bhojshala, Dhar. The plea, filed by Kazi Moinuddin, the caretaker of Kamal Maula Mosque, sought to halt the survey but was dismissed by the apex court, which advised the petitioner to seek relief from the High Court instead.
The petition was initially brought to the Supreme Court following an interim order by the Indore High Court, which allowed the ASI to conduct a survey at the historic Bhojshala site. Notably, the petitioner was not a party to the proceedings in the High Court, which influenced the Supreme Court’s decision to reject the plea for a hearing.
It’s important to highlight that the Supreme Court had previously refused to impose a stay on the ASI survey at Bhojshala, clarifying that no action based on the survey findings would be taken without the court’s permission. Furthermore, the court issued notices to the central government, the state government, and the ASI, demanding a response within four weeks after hearing the arguments presented by the petitioner’s lawyer.
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In its order, the Supreme Court explicitly stated that no actions should be taken based on the survey outcomes without court authorization. Additionally, the court emphasized that the survey should not involve any excavation that might alter the character or nature of the premises.
