Supreme Court on Monday allowed ASI to carry on with a survey of Bhojshala temple-Kamal Maula mosque complex in Dhar district of Madhya Pradesh but directed that no action would be taken on the basis of the survey report without its permission.
A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra also directed ASI not to carry out any excavation on the premises which could alter the character of the structure.
The 11th century monument is at the centre of a dispute between Hindus and Muslims. Hindus believe it is a temple of Goddess Vagdevi, an incarnation of Goddess Saraswati, while the Muslim community calls it the Kamal Maula mosque. On March 11, Madhya Pradesh HC had directed ASI to carry out a “scientific survey” of the Bhojshala complex in six weeks.
As the survey has been going on for the last 11 days, senior advocate Salman Khurshid, appearing for Maulana Kamaluddin Welfare Society, told the bench that he was not pressing for stay but urged the court to direct ASI not to excavate. He said there was a graveyard adjacent to the structure where ASI was carrying out excavation in which human remains were found.
“We are not staying the survey but do not try to dig up things,” the bench said. SC thereafter passed an order seeking response from MP govt and ASI on the appeal filed against the HC order directing survey of the structure.
“Issue notice returnable in four weeks. In the interim, no action should be taken without the leave of this court on the outcome of the ordered impugned survey. It is made clear that no physical excavation should be taken which will change the character of the premises in question,” the apex court bench said.
