The Supreme Court on Thursday said it would hear a
plea against an order on the survey of a medieval-era "Bhojshala" in
Madhya Pradesh which people from two communities stake claim to, apart from
pleas against the 1991 places for worship law.
A bench of Justices Hrishikesh Roy and S V N Bhatti
said the issue appeared to be covered by the December 12 order of the apex
court restraining courts in the country from entertaining fresh lawsuits and
passing orders in disputed claims over religious structures.
The bench directed the registry to seek instructions
from Chief Justice of India Sanjiv Khanna and tagged the matter with the
pending petitions.
It left all contentions of the parties to be kept
open during the hearing of the petitions.
During a brief hearing, advocate Vishnu Shankar
Jain, appearing for Hindu parties, said the issue of Bhojshala wouldn't be
covered by the December 12 order as it was protected and maintained by the
Archeological Survey of India.
The bench said it was only tagging the matter to be
adjudicated by the pending petitions but if any party had a grievance, it would
first take up the contempt plea alleging excavations at the site, despite
court's restraining order of April 1, 2024, which said no physical excavation,
which could change its character, should be done.
On December 12, the top court restrained till
further directions the courts in the country from entertaining fresh lawsuits
and passing any effective interim or final orders in pending ones seeking to
reclaim religious places, especially mosques and dargahs.
The direction of a bench comprising Chief Justice
Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan had stalled
proceedings in about 18 lawsuits filed by various Hindu parties seeking survey
to ascertain original religious character of 10 mosques including Gyanvapi at
Varanasi, Shahi Idgah Masjid at Mathura and Shahi Jama Masjid at Sambhal where
four persons' lives were snuffed out in clashes.
The top court passed the order on about six
petitions challenging various provisions of the Places of Worship (Special
Provisions) Act, 1991.
The 1991 law prohibits conversion of any place of
worship and provides for the maintenance of the religious character of any
place of worship as it existed on August 15, 1947.
However, the dispute relating to Ram
Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview.
There are also pleas seeking the effective
implementation of the 1991 law to maintain communal harmony and preserving the
present status of mosques, sought to be reclaimed by members of the Hindu
community on the ground they were temples before invaders razed them.
On April 1, the top court refused to stay a
"scientific survey" of the Bhojshala in Madhya Pradesh's Dhar
district but said no action should be taken without its permission on the
outcome of the exercise.
Hindus consider Bhojshala, an ASI-protected
11th-century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati)
whereas the Muslim community calls it Kamal Maula mosque.
Under an arrangement made by the ASI on April 7,
2003, Hindus perform puja on the Bhojshala premises on Tuesdays and Muslims
offer prayers in the complex on Fridays.
The apex court had issued notices to the Centre, the
Madhya Pradesh government, the ASI and others on the plea filed by the Maulana
Kamaluddin Welfare Society challenging the March 11, 2024, order of the high
court on the "scientific survey".
The high court had directed the ASI to carry out the "scientific
survey" of the Bhojshala complex within six weeks and allowed the ASI to
conduct any other study it deemed necessary to ascertain the true character of
the complex saying submissions over the right to worship would be considered
only after a report.