SC Refuses To Stay 'Scientific Survey' of Bhojshala Complex: Why Is ASI Surveying MP's Medieval-era Structure?

The Supreme Court on Monday refused to stay the “scientific survey” of the Bhojshala complex, which is being carried out by the Archaeological Survey of India (ASI) for the past 10 days, adding that no action should be taken without its permission on the outcome of the ASI survey.

“It is made clear that no physical excavation should be taken which will change the character of the premises in question,” the bench said.

The Bhojshala is a medieval-era structure that holds significance for both Hindus and Muslims. Hindus consider it a temple dedicated to Goddess Vagdevi (Saraswati) and the Muslim community refers to it as Kamal Maula Mosque.

In 2003, the ASI implemented an arrangement where Hindus perform puja of Goddess Vagdevi on Tuesdays and Muslims offer namaz on Fridays within the complex.

Why is ASI Conducting a Survey Of Bhojshala Complex

• The Bhojshala complex has been claimed by both Hindus as well as Muslims. The Bhojshala-Kamal Maula mosque is protected by ASI, which allows Hindus to pray on Tuesdays and Basant Panchami.
• As per the arrangement, Muslims are allowed to offer namaz on Fridays. However, trouble arose when Basant Panchami fell on Fridays in 2006, 2013 and 2016 leading to some clashes.
• In 2022, the Hindu Front for Justice filed a PIL against the ASI order which allowed the Hindus and Muslims to pray separately.
• In its PIL, the Hindu Front for Justice claimed, “Only the members of the Hindu community have a fundamental right under Article 25 of the Constitution of India to perform puja (prayers) and rituals at ‘Bhojshala’ situated in Dhar.
• The MP High Court’s Indore bench on March 11 directed the ASI to carry out a scientific survey of the medieval-era complex.
• The court gave six weeks to the ASI for the survey and directed it to get back to it with an up-to-date report.
• According to PTI, ASI has so far observed some beams under the foundation adding that this might lead the team to dig up more places to draw a firm conclusion.

Who Challenged the ASI Survey of Bhojshala Complex?

A bench of Justices Hrishikesh Roy and P K Mishra on Monday issued notices to the Centre, Madhya Pradesh government, ASI and others on the plea filed by Maulana Kamaluddin Welfare Society challenging the March 11 order of the MP High Court on scientific survey of the Bhojshala complex.

“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,” the bench said.