Hindu Front moves plea in SC to vacate its interim stay in Bhojshala temple-Kamal Maula mosque dispute

New Delhi [India], July 19 : The Hindu Front for Justice has moved the Supreme Court, seeking to vacate stay by the top court restraining to take action on the basis of the report submitted by ASI on the Bhojshala Temple-Kamal Maula Mosque complex dispute.
In the application filed through advocate Vishnu Shankar Jain, the Hindu Front for Justice has sought to vacate the interim order dated April 1, 2024 passed by the top court in the instant petition.
Earlier, the mosque committee had filed petition against impugned order dated March 11, 2024 passed by the High Court of Madhya Pradesh at Indore, whereby the application for conducting ASI survey was allowed in respect of the building complex in dispute i.e. Bhojshala or Kamal Maula Mosque to find out the religious character of the building.
HFJ, in the fresh application submitted that the present SLP has become infructuous as the Petitioner can file objection to the report of ASI and also raise all the questions being raised in this Petition. HFJ submitted that question of locus standi, maintainability of the Writ Petition and all other matters can be raised and decided by the High Court.
Supreme Court refused to stay ASI survey but same time vide order dated April 1 2024 has passed an order restraining to take action on the basis of the report submitted by ASI. The proceeding before the High Court has been virtually stayed as it cannot proceed further with the case, HFJ said.
HFJ further submitted that the questions involved in the Writ Petition are required to be decided on merits at the earliest and therefore the interim order dated April 1, 2024 may be vacated so that proceeding in the Writ Petition may take place before the High Court.
HFJ further submitted that no useful purpose would be served to continue the interim order dated April 1 2024 and under the facts and circumstances of the case existing on record and in the interest of justice, the interim order dated April 1 maybe vacated.
Ealier this week the Supreme Court on Monday agreed to consider listing the petition relating Bhojshala Temple-Kamal Maula Mosque complex dispute.
Hindu Front for Justice mentioned the Bhojshala Temple-Kamal Maula Mosque complex matter before a bench of justices Hrishikesh Roy and SVN Bhatti. Advocate Vishnu Shankar Jain, for HFJ, informed the top court about that ASI has submitted its report to Madhya Pradesh High Court.
On April 1, the top court issued notice on the plea challenging the Madhya Pradesh High Court order directing survey by the Archaeological Survey of India (ASI) at the Bhojshala Temple-Kamal Maula Mosque complex and in the meanwhile it also refused to stay ASI's survey in the disputed sites.
In an interim direction, a bench of justices, Hrishikesh Roy and Prashant Kumar Mishra says no action should be taken without its permission on the outcome of the ASI's survey and clarified that no physical excavation should be taken in disputed sites which will change its character.
Maulana Kamaluddin Welfare Society approached the Supreme Court against Madhya Pradesh High Court order directing the Archeological Survey of India to conduct survey in the disputed site "Bhojshala and Kamal Maula Masjid".
The Madhya Pradesh High Court had allowed the survey by the Archaeological Survey of India (ASI) at the Bhojshala Temple-Kamal Maula Mosque complex.
Hindus consider Bhojshala, to be a temple dedicated to Vagdevi, while Muslims know it as the Kamal Maula Mosque.
The high court, in its order, stated, "It is contended on behalf of the petitioners whilst pressing the interlocutory application that survey by the Archaeological Survey of India (ASI) is a statutory duty, which the ASI ought to have performed long back."
"Any other study, investigation, or inquiry, which the said five (5) member committee of the ASI feel it is necessary to be undertaken without "destroying, defacing, or destructing the original nature of the whole complex be undertaken, towards ascertaining the true nature and character of the Bhojshala Temple cum Kamal Maula Mosque for arriving at the truth," it added.
The order said that the right to worship and perform rituals in the disputed premises shall be considered only after receipt of the aforementioned report from the Expert Committee.
"All other issues and submissions relating to the relief as claimed by the petitioners or the right to worship and perform rituals in the disputed premises shall be considered and determined only after receipt of the aforementioned report from the Expert Committee. The issue relating to validity of the wakf created on the disputed complex; that of granting the relief in the writ proceedings or relegating the petitioners to the Civil Suit for claiming those reliefs--will all be determined and adjudicated post the receipt of a report from the Five Member Committee of the ASI as aforementioned," the High Court said.
The high court has also ordered the ASI committee to submit the report of the survey within a period of six weeks from the date of receipt of the order. The high court has directed to survey with the latest methods and techniques.