The Indore bench of the Madhya Pradesh High Court has extended the Archaeological Survey of India's (ASI) deadline by eight weeks to conduct a thorough scientific survey of the contentious medieval-era Bhojshala Temple-Kamal Maula Mosque complex.
Nevertheless, Justices SA Dharmadhikari and Gajendra Singh, a division bench, firmly stated that the Archaeological Survey of India (ASI) will not be granted any further extension beyond the upcoming 8-week period.
The bench scheduled the next hearing for July 4th and instructed the Archaeological Survey of India (ASI) to present its conclusive report. Additionally, it rejected a request from a group of Muslims seeking a halt to the survey activities.
The Maulana Kamaluddin Welfare Society, representing the Muslim community, objected to the Archaeological Survey of India's (ASI) plea for an extension, alleging that the ASI was conducting excavations in violation of the Supreme Court's directive on the issue.
On April 1, the Supreme Court reiterated that "no physical excavation should be conducted that would alter the nature of the site in question," while declining to halt the "scientific survey" of Bhojshala.
During the hearing, the High Court dismissed the objection raised by Maulana Kamaluddin Welfare Society, stating that the petitioner was welcome to seek recourse through the appropriate channels if any such violation was occurring.
The Hindu community regards Bhojshala, recognized as an 11th-century monument under ASI protection, as a temple devoted to Vagdevi (Goddess Saraswati), whereas the Muslim community refers to it as Kamal Maula Mosque.
According to an arrangement facilitated by the ASI on April 7, 2003, Hindus conduct puja ceremonies within the Bhojshala premises on Tuesdays, while Muslims offer namaz within the complex on Fridays.
On March 11, the High Court mandated the ASI to carry out a "scientific survey" of the Bhojshala-Kamal Moula mosque complex within a six-week timeframe, following a petition filed by an organization known as Hindu Front for Justice (HFJ). The survey commenced on March 22. However, on April 22, the ASI submitted an application requesting additional time for the survey, citing the necessity to thoroughly assess the characteristics of the exposed sections of the structures within the contested area.
In its application, the ASI outlined that an extensive survey of the complex and its surrounding area is currently underway, employing advanced scientific instruments. Furthermore, the ASI team is meticulously documenting the entirety of the monument as part of their investigation.
The ASI also noted that excavation, a highly methodical and time-consuming process, is ongoing. They emphasized that additional time is required to comprehensively grasp the characteristics of the uncovered sections of the structures within the complex.
"On close examination of the monument, it is observed that later filling in the entrance porch is hiding the original features of the structure, and its removal is to be done very carefully, without causing any damage to the original structure, which is a slow and time-taking process," the ASI application stated.
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