Introduction:

In a landmark decision, the Madhya Pradesh High Court (Indore Bench) has directed the Archaeological Survey of India (ASI) to conduct a comprehensive scientific investigation, survey, and excavation at the Bhojshala Temple cum Kamal Maula Mosque complex in Dhar district. The court’s ruling comes in response to an interlocutory application filed by the Hindu Front for Justice, seeking a scientific survey of the temple-mosque premises and aiming to reclaim the site for Hindus.

Arguments:

The writ petition, pending before the high court, not only seeks to reclaim the Bhojshala complex on behalf of Hindus but also urges a prohibition on members of the Muslim community from offering namaz on its premises. The court observed that the nature and character of the monument, maintained by the Central Government, needs clarification. The constitutional and statutory obligations of the ASI were highlighted, emphasizing the need for a scientific survey to demystify the complex’s status.

Court’s Judgment:

The Madhya Pradesh High Court issued comprehensive directions to the Director of ASI, emphasizing the importance of preserving and protecting ancient monuments and structures. The directives include a thorough scientific investigation, survey, and excavation, carbon dating to ascertain the age of various structures, and the formation of an Expert Committee to submit a detailed report within six weeks. The court emphasized that all issues related to worship rights and relief claims would be considered post-receipt of the ASI’s report.