Madhya Pradesh: HC orders ASI survey of Bhojshala Temple-Kamal Maula Mosque complex

Indore (Madhya Pradesh) [India], March 11 : The Madhya Pradesh High Court on Monday allowed the survey by the Archaeological Survey of India (ASI) at the Bhojshala Temple-Kamal Maula Mosque complex, advocate Vishnu Shankar Jain said.

Hindus consider Bhojshala, to be a temple dedicated to Vagdevi, while Muslims know it as the Kamal Maula Mosque.

The court, in its order shared by advocate Vishnu Jain, 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," it said.
The 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.
"A properly documented comprehensively drafted report prepared by an Expert Committee of not less than five(5) senior-most officers of ASI headed by the Director General/Additional Director General of the ASI himself be submitted before this Court within a period of six weeks from the date of receipt \of certified copy of this order. Efforts "should be made to have a
representation of Officers of both the contesting communities (if available of the said position and rank) in the said Expert Committee," it said.
The order said that a complete inventory should be prepared for any artifact, idol, or deity, found in the structure.
"To photograph and videograph the entire survey proceedings in the presence of two (2) nominated representatives of each of the petitioners as well as the respondent in the present petition. To unlock and open the locked or sealed rooms, and halls of the whole complex and prepare a complete inventory of each and every artifact, idol, deity, or structure found in the said locked, sealed halls and rooms, and submit the same along with the respective photographs," the court order said.
"Such artifacts, idols, and structures all must be subjected to the very same exercise of scientific investigation, carbon dating, and survey and be included separately in the report to be filed before this Court," it added.
The court said to survey with the latest methods and techniques.
"Complete scientific investigation, survey, and excavation, through the adoption of the latest methods, techniques, and modes of GPR-GPS survey of the site in question constituting the disputed Bhojshala Temple cum Kamal Maula Mosque complex, as well as the entire 50m of
peripheral ring area surrounding/constituting the circular periphery from the boundary of the complex be conducted," the order shared by advocate Vishnu Jain stated.