The Madhya Pradesh High Court has directed the Archaeological Survey of India (ASI) to conduct scientific survey of Bhojshala Temple cum Kamal Maula Mosque in Dhar district.
A division bench comprising Justice S.A. Dharmadhikari and Justice D Mishra allowed the IA during hearing of a petition and issued following directions to the Director, ASI relating to the entire site of Bhojshala Temple cum Kamal Maula Mosque.
Complete scientific investigation, survey and excavation , through adoption of 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 also the entire 50m of peripheral ring area surrounding/constituting the circular periphery from the boundary of the complex be conducted, the court order said.
The court further directed a detailed scientific investigation be conducted by adopting carbon dating method for ascertaining the age, life of various structures both above and beneath the ground, permanent, movable and immovable structures both beneath as well as above the ground, constituting the walls, pillars, floors, surfaces, upper top, sanctum
sanctorum of the entire complex.
A proper documented comprehensively drafted report prepared by a 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 & rank) in the said Expert Committee, the court order said.
To photograph and videograph the entire survey proceedings in the presence of two (2) nominated representatives each of both the petitioners as well as respondent no.8 in the present petition, the court order said.
To unlock and open the locked/ sealed rooms, halls of the whole complex and prepare a complete inventory of each and every artifact, idol, deity, or any structure found in the said locked, sealed halls and rooms, and submit the same along with the respective photographs. Such artifacts, idols, structures all must be subjected to the very same exercise of scientific investigation, carbon dating and survey as stipulated above and be included separately in the report to be filed before this Court, the court order said.
Any other study, investigation or inquiry, which the said five(5) member committee of the ASI feels necessary to be undertaken, without destroying, defacing, 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, the court order said.
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 court order said.
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 report from the Five Member Committee of the ASI as aforementioned, the court order said.
The petitioners – Hindu Front For Justice through its president Ranjana Agnihotri and Others contended whilst pressing the Interlocutory Application (IA) that survey by the Archaeological Survey of India (for short ‘ASI’) is a statutory duty, which the ASI ought to have performed long back at the inception when the mystery and confusion about the true character of Bhojshala Saraswati Temple (‘Bhojshala Temple’) cum Maulana Kamal Maula Mosque (‘mosque’) arose leading to disputes about its true status. He goes on to contend that under Section 16 read with Section 21 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (‘the Monuments Act,1958’), determining and entertaining the true character of any ancient monument is a starting point for the ASI to discharge its statutory duty. A mandamus can be issued to the ASI for discharging its statutory duty in terms of Section 16, towards determining the character and nature of the premises in question, viz. Whether a Temple or Mosque or to what extent are traits of temple along with the deity present in the temple. It is further submitted relying on the documents annexed Images of the various parts & structures standing in the premises that there are yantras and sanskrit shlokas inscribed on floors, pillars, walls, which have been deliberately defaced and scratched by visitors from other community and religion; there are carved pillars with defaced images of Hindu goddesses and Gods of various buildings standing inside the premises, including images of Sun God and other Hindu Gods with their traditional engravings. Drawing attention of the Court to various structures like walls, sanctum santorum in the disputed complex, it is further argued that there are present mantras inscribed in Sanskrit with recitals of Pali/Prakrit.; a large Hawan Kund and other Kunds constructed originally for conducting Yajnas and offering rituals before them.
The petitioners have also relied upon number of historical documents and research material done by foreign as well as Indian Scholars which have mentioned that Bhojshala complex with the Vagdevi temple pre-existed the Kamal Maula Mosque hundreds of years before it, the court order said.
The documents relied upon by the petitioners side disclose that the mosque had been constructed by dismantling, destroying and dismantling the ancient structures of previously constructed Hindu temples for construction of the Mosque. This construction of the mosque on the preexisting Bhojshala temple took place during the reigns of Alaudim Khilji at the turn of 13th – 14th century. Subsequently, the Kamal Maula Mosque was constructed during the regime of Mehmood Khilji (II) sometime in the
year 1514. Even the study reports of the ASI prepared from time to time
have stated that originally constructed Bhojshala and Vagdevi temple was
destroyed / dismantled to install and construct a mosque over at the
instance of Islamist rulers and forces, the court order said.
