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SC declines to halt ASI’s ‘scientific survey’ of Bhojshala complex

The Supreme Court, on Monday, declined to halt the Archaeological Survey of India (ASI) survey in the disputed areas of Bhojshala and Kamal Maula Masjid in Madhya Pradesh’s Dhar district. This decision came in response to an appeal against the Madhya Pradesh High Court’s judgment, which directed the ASI to conduct an investigation into the contentious “Bhojshala and Kamal Maula Masjid.” The Supreme Court issued an interim directive stating that actions should be taken based on the survey’s results without its explicit consent. Additionally, it emphasized that no physical excavation should be conducted in the disputed locations to prevent alterations to the complex’s nature.

The arrangement made by the ASI on April 7, 2003, allows Hindus to perform puja in the Bhojshala premises on Tuesdays, while Muslims offer namaz in the complex on Fridays. Despite this arrangement, disputes over the ownership and usage of the premises have persisted, leading to legal intervention and directives.

A bench comprising Justices Hrishikesh Roy and P K Mishra issued notices to various stakeholders, including the Centre, Madhya Pradesh government, and ASI, in response to a plea filed by the Maulana Kamaluddin Welfare Society challenging the Madhya Pradesh High Court’s order on the scientific survey issued on March 11. The bench emphasized that no physical excavation should be conducted that could alter the character of the premises in question, underlining the importance of preserving the site’s integrity.

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