MP Bhojshala Case: A hearing was held in the Supreme Court on the Bhojshala vs Kamal Masjid dispute of Dhar, Madhya Pradesh. The bench headed by Supreme Court Justice Hrishikesh Roy sent the matter to the Chief Justice. The bench said- “In view of the order of the Chief Justice regarding the Places of Worship Act, we will not give any order. All questions should be kept there.”
Madhya Pradesh High Court had ordered ASI survey on March 11. Maulana Kamaluddin Welfare Society has filed a petition challenging this order. In the hearing held in April, the Supreme Court had refused to ban the ASI survey of the complex, but the court had said that without its permission, no action should be taken on the basis of the survey report. The court had also said that no digging work should be done in the premises during the survey.
Hearing on Bhojshala case
Keep in mind that on December 12, the bench headed by Chief Justice Sanjiv Khanna had put an interim stay on the survey of all religious places across the country. At the very beginning of the hearing on the Bhojshala case on Thursday, the bench headed by Justice Roy made it clear that it does not want to give any order in the matter.
What did the lawyer of the Hindu side say?
Hindu side’s lawyer Vishnu Shankar Jain said that this is a case of an ASI protected monument. The Places of Worship Act does not apply here. On this, Justice Roy said that the Muslim side has filed a contempt petition alleging digging in the premises. If the Hindu side insists on hearing in this bench, then we will issue a notice on the contempt petition. On this Vishnu Shankar Jain agreed to send the matter to the Chief Justice.
Additional Solicitor General KM Nataraj suggested that the parties should be allowed to present before the Chief Justice the dispute regarding whether or not the Places of Worship Act is applicable in this case. On this Justice Roy said that the Hindu side can do this if it wants.
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