On Monday (11th March), the Madhya Pradesh High Court (Indore bench) directed the Archaeological Survey of India (ASI) to conduct a scientific investigation, survey, and excavation at the Bhojshala complex in the state’s Dhar district. The premier survey agency in India, ASI, has further been directed to submit its report before the next hearing on 29th April.
Following the court order, Vishnu Shankar Jain, a petitioner from the Hindu side, took to X, highlighting that the High Court had allowed an ASI survey at the Bhojshala complex.
Notably, the 11th-century Bhojshala is an ASI-protected monument. Hindus believe it is a temple of Goddess Vagdevi (Saraswati) but the Muslim side disputes it claiming that it is Kamal Maula Mosque.
A bench of Justices SA Dharmadhikari and Devnarayan Mishra allowed the ASI survey of the complex while hearing an interlocutory application filed in a pending writ petition. The writ petition pending before the court was filed by the Hindu Front for Justice seeking a scientific survey of the Bhojshala premises and to reclaim it on behalf of the Hindus.
As per the arrangements made by the ASI on 7th April 2003, Hindus perform puja at the Bhojshala complex every Tuesday, while Muslims offer namaz there every Friday.
However, on 2nd May 2023, the Hindu Front for Justice filed a PIL challenging the ASI order. Apart from the ASI survey and reclamation of the Bhojshala, they have also sought a ban on the members of the Muslim community from offering namaz on its premises.
Earlier in September last year, the guards reportedly found an idol of Goddess Vagdevi between 9th and 10th September. However, the administration had denied the claim of the idols ‘appearing’ and removed it.
The detailed Court order on Bhojshala
The two-judge bench noted that it is important to demystify the nature and character of the complex to remove confusion, thus ordering a scientific survey of the Bhojshala complex.
The bench observed, “The detailed arguments at the bar by all the contesting parties fortifies the Court’s belief and assumption that the nature and character of the whole monument admittedly maintained by the Central Government needs to be demystified and freed from the shackles of confusion.”
The bench noted that it is the Constitutional as well as statutory obligation of the ASI to have a scientific survey, study convened at the earliest of the Bhojshala Temple cum Kamal Maula Mosque.
It said, “Get the survey done. Photos and videos should be made. The report should be given to the court before April 29, during the next hearing.”
The Court asserted that once the ASI survey is conducted scientifically, it can safely place reliance on the report. It added, “Ascertainment of the nature and character of the site would also lend credibility to the existence of juristic person/entity of deity of the Vaagdevi/ Saraswati with a temple (if found to exist).”
The court also observed that the Government has the constitutional obligation to ensure the preservation and protection of not only the ancient monuments and structures including temples of archaeological and historical importance, but also of sanctum sanctorum as well as the deity of spiritual importance.
“There is a constitutional duty even to sanction funds for providing basic amenities to pilgrims, proper arrangements for shelter places, maintenance of law and order, and the preservation of purity and pristine character of the deity,” it added.
The court has directed ASI to use all the methods and state-of-the-art equipment at their disposal. This includes a Ground Penetration Radar System and carbon dating to ascertain the age of the structure.
The ASI has been directed to undertake a detailed scientific investigation through carbon dating of various structures “both above and beneath the ground”. It also has to open locked or sealed rooms, and halls and prepare a complete inventory of every artifact, idol, deity, or any structure without “destroying, defacing, destructing the original nature of the whole complex”.
Additionally, the court further ruled that the survey proceedings should be photographed and videographed in the presence of two representatives nominated by each side.