New Delhi: The Supreme Court on Wednesday said the Madhya Pradesh High Court must consider objections raised by the Muslim side regarding the Archaeological Survey of India (ASI) survey of the disputed Bhojshala Temple–Kamal Maula Mosque complex, including issues related to videography and colour photographs.
While declining to interfere with the High Court proceedings, the apex court emphasised that all objections to the scientific survey must be addressed in accordance with the principles of natural justice.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi heard arguments from senior advocate Salman Khurshid, representing the Maulana Kamaluddin Welfare Society, and advocates Barun Sinha and Vishnu Shankar Jain, appearing for Hindu parties.
Khurshid raised concerns over access to evidence, requesting that videography and colour photographs of the survey be shared to enable proper framing of objections. The bench noted that the High Court had already fixed a procedural timeline for raising such objections.
Justice Bagchi observed that while some objections were reflected in the survey report, others were yet to be addressed. He added that the videography would be played in court, allowing all parties to contest its accuracy.
Referring to earlier directions, the Chief Justice said the High Court had passed its interim order accordingly and would examine all objections at the stage of final hearing. The bench expressed confidence that the High Court would consider the issues after reviewing the videographic evidence, in line with natural justice.
The Supreme Court clarified that it has not expressed any opinion on the merits of the case and that parties remain free to approach the High Court with any grievances.
Earlier, the Madhya Pradesh High Court had said it would inspect the Bhojshala Temple–Kamal Maula Mosque complex in Dhar before April 2, citing numerous disputes surrounding the ASI-protected structure.
On March 16, a High Court bench of Justices Vijay Kumar Shukla and Alok Awasthi fixed April 2 for regular hearing of petitions related to the disputed site and announced its decision to inspect the premises.
The judges visited the complex in Dhar on March 28, arriving at around 1:50 pm and leaving at 2:45 pm. The court had clarified that no party involved in the case would be allowed to be present during the inspection.
The Bhojshala complex remains a site of competing claims. The Hindu community regards it as a temple dedicated to Goddess Saraswati, while the Muslim side maintains that the 11th-century monument is the Kamal Maula Mosque.
Under an ASI order dated April 7, 2003, Hindus are permitted to worship at the site on Tuesdays, while Muslims are allowed to offer namaz on Fridays.
Following High Court directions, the ASI conducted a scientific survey of the site and submitted a detailed report exceeding 2,000 pages.
The report indicates that a large structure dating back to the reign of the Paramara (Parmar) kings of Dhar predated the mosque, and that the existing structure was built using materials from earlier temples.
According to the ASI, recovered architectural remains, sculptural fragments, inscription slabs with literary texts, and Nagakarnika inscriptions on pillars suggest the presence of a significant structure associated with literary and educational activities during the Paramara period.
The report states that analysis of architectural remains, sculptures, and inscriptions indicates that parts of earlier temples were reused in constructing the present structure, including pillars and colonnades built over a basalt platform.
The Hindu petitioners, who have sought a determination of the religious character of the entire complex, argue that coins, sculptures, and inscriptions found during the survey establish that the structure was originally a temple.
The Muslim side, however, has contested these findings, alleging that the ASI ignored its objections and included objects placed within the disputed premises in its survey.
With PTI inputs