Bhojshala Dispute To Be Heard By CJI's Court Now As SC Tags Case With Places of Worship Act Batch

The MP High Court had in March 2023, ordered a survey of the premises by the ASI. This order was challenged by the Maulana Kamaluddin Welfare Society, which filed a petition in the Supreme Court.

The Bhojshala Temple-cum-Kamal Maula Mosque complex is protected by the ASI.

Source : ANI

New Delhi: The Supreme Court Thursday referred a petition related to the ongoing dispute over the Bhojshala Temple-cum-Kamal Maula Mosque complex in Dhar, Madhya Pradesh, to be placed before Chief Justice Sanjiv Khanna's bench. When the petition challenging the Madhya Pradesh High Court's order that had directed the Archaeological Survey of India to conduct a survey at the Bhojshala complex came up for hearing in the Supreme Court on Thursday, the bench led by Justice Hrishikesh Roy declined to issue any orders, citing directions related to the Places of Worship Act.

The bench noted that a separate bench led by the CJI is in already hearing a batch of cases in which the Places of Worship Act has been challenged.

The Dhar case involves a historical site claimed by both Hindu and Muslim communities. The Madhya Pradesh High Court had on March 11, 2023, ordered a survey of the premises by the ASI. This order was challenged by the Maulana Kamaluddin Welfare Society, which filed a petition in the Supreme Court.  

The 11th-century monument is protected by the ASI. For Hindus, it is a temple dedicated to Vagdevi or Goddess Saraswati), while Muslims consider it the Kamal Maula Mosque. An agreement was reached in 2003 between the two sides, and according to that Muslims offer namaz at the complex on Fridays, while Hindus perform puja there on Tuesdays.

What Is The Dhar Bhojshala Case?  

During an April 2023 hearing, the Supreme Court had allowed the ASI survey to proceed but imposed certain restrictions. The apex court had instructed that no excavation work be conducted during the survey, and that no action was be taken based on the findings without its explicit permission.  

Tensions escalated when the Muslim side accused the Hindu community of violating these orders by carrying out unauthorised excavation. A contempt petition was subsequently filed, bringing the matter back to the SC.  

At the hearing on Thursday, the bench made it clear that it would not issue any ruling on the matter. Advocate Vishnu Shankar Jain, representing the Hindu side, argued that the dispute concerns an ASI-protected monument and is not governed by the Places of Worship Act. Justice Roy responded by pointing out the pending contempt petition and indicated that further insistence on a hearing could lead to notices being issued.  

After deliberations, Advocate Jain agreed to refer the matter to the CJI's bench. Additional Solicitor General KM Nataraj suggested that questions regarding the applicability of the Places of Worship Act to the Bhojshala dispute should also be raised before the CJI. Justice Roy concurred, stating that the Hindu side was free to present its arguments in this regard.  

In December 2024, a bench led by CJI Sanjiv Khanna imposed an interim stay on surveys of all religious sites across India. The Bhojshala dispute is now set to be heard as part of broader deliberations on the Places of Worship Act, adding significant legal and cultural implications to the case.