Supreme Court will hear on Monday the petition challenging the ASI survey in Bhojshala

Bhojshala ASI Survey: The Supreme Court will hear on Monday the petition challenging the ASI survey of Bhojshala Saraswati Temple in Madhya Pradesh. Maulana Kamaluddin Welfare Society, Dhar, has filed a special leave petition in the Supreme Court, demanding the cancellation of the Madhya Pradesh High Court order to conduct a survey of Bhojshala by the Archaeological Survey of India (ASI).

Mar 30, 2024 - 21:41
Supreme Court will hear on Monday the petition challenging the ASI survey in Bhojshala

The Supreme Court will hear on Monday the petition challenging the ASI survey of Bhojshala Saraswati temple in Madhya Pradesh. Maulana Kamaluddin Welfare Society, Dhar, has filed a special leave petition in the Supreme Court, demanding the cancellation of the Madhya Pradesh High Court order to conduct a survey of Bhojshala by the Archaeological Survey of India (ASI).

The Madhya Pradesh High Court's Indore bench mandated on March 11 that ASI conduct an inspection of the Bhojshala Saraswati temple in the Dhar district. This directive stated that five senior ASI officers would investigate whether the Kamal Maula Masjid in the Bhojshala complex was constructed by demolishing the Saraswati temple using cutting-edge technology.

Within six weeks, ASI was mandated by the High Court to carry out a survey and submit a report. The survey was launched by ASI on March 22. The Supreme Court's bench of Justices Hrishikesh Rai and Prashant Kumar Mishra is scheduled to hear this case on Monday. On March 22, the day ASI started the survey, the petitioners had mentioned the matter in the Supreme Court and demanded an immediate hearing.

They wanted a stay on the survey from ASI but the court refused to hear it immediately and said that its hearing is to be held on April 1, so it should not be removed from the list. The list of April 1 of the Supreme Court has been released in which this case has been posted for hearing at number 27 in court number seven.

Maulana Kamaluddin Welfare Society Dhar has said in the special leave petition filed in the Supreme Court against the order of the High Court that the High Court has given final relief in the name of interim relief by ordering a survey from the ASI. The High Court has given the order keeping in mind the right to religious freedom given in the Constitution but did not take into account that the same right of the petitioner is also affected by this order.

It has been said in the petition that the order of the High Court is not sustainable and it is wrong to believe that under Section 16 of the Ancient Monuments Act 1958, the ASI has the right to determine the nature of the place by conducting a survey. It has also been said that this section only talks about protection and safety from pollution, misuse etc.

Muskan Kumawat Journalist & Content Writer