Introduction:

In the Special Leave Petition (SLP) No. 7023 of 2024, Maulana Kamaluddin Welfare Society challenged the Madhya Pradesh High Court’s order directing the Archaeological Survey of India (ASI) to conduct a survey at the Bhojshala Temple cum Kamal Maula Mosque complex. The Supreme Court, in an interim order, prohibited physical excavation by the ASI that would alter the premises’ character. The bench, comprising Justices Prashant Kumar Mishra and Hrishikesh Roy, issued notices while emphasizing the preservation of the site amidst the ongoing legal battle between the Hindu Front for Justice and the Maulana Kamaluddin Welfare Society.

Arguments of Both Sides:

Senior Advocate Salman Khurshid, representing the petitioner, raised concerns about the maintainability of the petition filed by the Hindu Front for Justice before the High Court. He highlighted various legal issues surrounding the case. The opposing party, however, sought to reclaim the Bhojshala complex for Hindus and prohibit Muslims from offering prayers there. They argued for a scientific survey to resolve the dispute.

Court’s Judgement:

The Supreme Court, while acknowledging the constitutional obligation to preserve ancient monuments and religious sanctuaries, emphasized caution in altering the site’s character. It issued a temporary injunction against physical excavation pending further legal proceedings and directed parties to file their replies. The Court underscored the significance of a scientific survey while warning against provocative actions that could escalate tensions.