BHOPAL: The Indore Bench of Madhya Pradesh High Court on Monday directed the Archaeological Survey of India (ASI) to conduct a scientific survey of the centuries old Bhojshala Temple-cum-Kamal Maula Mosque complex in Dhar district of western MP.
While the ASI protected complex has long been considered by Hindus as the 11th century Bhojshala Saraswati Temple, Muslims claim it to be the Kamal Maula Mosque.
Hearing the plea filed by the ‘Hindu Front For Justice’ through its counsels, including Vishnu Shankar Jain (the advocate who is representing the Hindu side in the Gyanvapi case of Varanasi-UP), the HC’s division bench comprising Justices SA Dharmadhikari and Devnarayan Mishra said on Monday, “This court has drawn only one conclusion that it's the constitutional as well as statutory obligation of the ASI to have a scientific survey convened at the earliest of the Bhojshala Temple cum Kamal Maula Mosque.”
The court further issued a set of directions to the ASI chief. “Complete scientific investigation, survey and excavation, through adoption of latest methods, techniques and modes of GPR-GPS survey of the disputed Bhojshala Temple cum Kamal Maula Mosque complex, as also the entire 50 m peripheral ring area surrounding/constituting the circular periphery from the boundary of the complex be conducted.”
“A detailed scientific investigation be conducted by adopting carbon dating method for ascertaining the age, life of various structures both above and beneath the ground, permanent, movable and immovable structures both beneath and above the ground, constituting the walls, pillars, floors, surfaces, upper top, sanctum sanctorum of the entire complex. A proper documented comprehensively drafted report prepared by an expert committee of not less than five senior most officers of ASI headed by the Director General/Additional Director General of the ASI himself be submitted before this court within a period of six weeks from the date of receipt of certified copy of this order,” the HC mentioned in its 34-page order.
The order further mentioned that efforts should be made to have representation of officers of both the contesting communities in the expert committee.
Further, the court directed to photograph and video-graph the entire survey proceedings in the presence of two nominated representatives from the petitioners and respondents, to unlock and open the locked/ sealed rooms, halls of the whole complex and prepare a complete inventory of each and every artefact, idol, deity, or any structure found in the said locked, sealed halls and rooms, and submit the same along with the respective photographs.
Also, the court directed that any other study, investigation or inquiry, which the five-member committee of the ASI feels necessary to be undertaken (without destroying, defacing, destructing the original nature of the whole complex), be carried out towards ascertaining the true nature and character of the Bhojshala Temple cum Kamal Maula Mosque for arriving at the truth.
The HC listed the matter for the next hearing on April 29.
This development means that the Bhojshala in Dhar district will be the second disputed temple-mosque site to be scientifically surveyed by the ASI after the Gyanvapi Mosque in Varanasi.
The petitioners ‘Hindu Front For Justice’ have asked for the right to daily worship at the site, if a survey establishes the existence of a temple.
The disputed site located in Dhar town of west MP’s Dhar district has long been a cause of tension between the Hindu and Muslim communities.
The petitioners claim that the Kamal Maula Mosque was built during the reign of Alauddin Khilji between the 13th and 14th centuries by “demolishing and dismantling the ancient structure of the previously constructed Hindu temple.”
As per an arrangement by the ASI (which protects the complex as a monument of national importance), while Muslims are allowed to offer prayers on Friday, Hindus can pray there on Tuesday and the festival of Basant Panchami.
The latest round of litigation began in May 2022 with the Hindu Front for Justice filing a petition at the Indore High Court demanding that only Hindus be allowed to pray in the complex.