Supreme Court refuses to stay ASI survey of Bhojshala Temple cum Kamal Maula Mosque complex in MP

The Supreme Court on Monday refused to stay an Archaeological Survey of India (ASI) study to determine the religious character of the Bhojshala complex in Madhya Pradesh..A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra sought the response of the Central and State governments and the ASI in the matter but refused to stay the survey. However, the outcome of the report is not to be acted upon at this stage, the Court clarified..The Indore Bench of Madhya Pradesh High Court had in March directed the ASI to conduct a survey at the site in Dhar District which houses the Bhojshala Temple as well as the Kamal Maula Mosque.A bench of Justices SA Dharmadhikari and Devnarayan Mishra had observed that the nature and character of the monument need to be 'demystified and freed from the shackles of confusion.'This led to the instant appeal before the top court..The High Court's verdict had come on an interlocutory application in a writ petition seeking to reclaim the Bhojshala complex for Hindus and to prohibit Muslims from offering namaaz in its premises. The interlocutory application sought a scientific survey at the complex to ascertain its 'true character'.The petitioners before the High Court highlighted some structures within the complex as well as some documents suggesting that a temple pre-dated the mosque, which was purportedly built by dismantling the temple.One of the respondents, Maulana Kamaluddin, challenged the maintainability of the suit, citing the principle of res judiciata. He highlighted that a similar writ petition was dismissed by the High Court's principal bench in 2003.He contended that the State government and ASI were under influence of the government of the day and the Court must not support a partisan stand in favour of the existence of Bhojshala Vagdevi Temple against the interests of Muslims, who have been praying at the site and offering namaaz for years.However, the High Court allowed the survey prompting Kamaluddin to file the present appeal before the Supreme Court through law firm Ace Legal.