Bhojshala: Hindu Front for Justice moves Supreme Court for lifting of stay on action based on ASI report

Satya Prakash

New Delhi, July 20

A Hindu organisation instrumental in getting an order for a scientific survey of the Bhojshala complex at Dhar in Madhya Pradesh by the Archaeological Survey of India (ASI) has moved the Supreme Court for lifting of stay on any further action based on the ASI report.

The existing structure of a mosque in the Bhojshala Complex at Dhar was made from parts of an earlier temple that can be dated to the Paramara period – almost 1,000 years ago, the ASI told the Madhya Pradesh High Court on July 15.

“Based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, it can be said that the existing structure was made from the parts of earlier temples,” the ASI said in its report that alluded to predominantly Hindu character of the structure.

Hindus have been demanding full ownership of the disputed site, claiming it was a temple of Goddess Saraswati and the mosque came up later.

Hindus are allowed to offer prayers on Tuesdays and Muslims on Fridays at the ASI-protected monument.

Acting on a petition filed by Hindu Front for Justice, the Madhya Pradesh High Court had on March 11 ordered the ASI to conduct a scientific survey of the Bhojshala complex. However, on a Special Leave Petition filed by Maulana Kamaluddin Welfare Society (Muslim side), the top court had on April 1 stayed further action on the basis of the ASI report.

Now, in an application filed through advocate Vishnu Shankar Jain, Hindu Front for Justice has urged the top court to vacate its April 1 order that restrained the high court from proceeding further in the matter on the basis of the ASI report.

Noting that the questions involved in the petition before the high court were required to be decided on merits at the earliest, the application urged the top court to vacate its April 1 interim order.

No useful purpose would be served by continuing the interim order of April 1. The interim order may be vacated under the facts and circumstances of the case existing on record and in the interest of justice, Hindu Front for Justice submitted.

The Front said the Muslim side’s SLP has become infructuous as the petitioner can file objection to the report of ASI and also raise all the questions being raised in this petition.