HC asks ASI to conduct 'scientific survey' of disputed monument Bhojshala within 6 weeks
Indore, Mar 11: The Madhya Pradesh High Court here on Monday directed the Archaeological Survey of India (ASI) to carry out within six weeks a "scientific survey" of the Bhojshala complex in Dhar district, a medieval-era structure which both Hindus and Muslims claim as their own.
Hindus consider Bhojshala, an ASI-protected 11th century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community call it Kamal Maula Mosque. As per an arrangement made by the ASI on April 7, 2003, Hindus perform puja in the Bhojshala premises on Tuesdays, while Muslims offer namaz in the complex on Fridays.
"This court has drawn only one conclusion that Constitutional as well as statutory obligations of the ASI to have a scientific survey, study convened at the earliest of Bhojshala Temple and Kamal Maula Mosque," observed a division bench of the HC at Indore comprising Justices SA Dharmadhikari and Devnarayan Mishra.
The bench sought a comprehensive report of the survey to be prepared by a five-member expert committee of the ASI, which functions under the Union culture ministry, within six weeks.
"A proper documented comprehensively drafted report prepared by an 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," the court said in its 30-page order.
The HC direction came while hearing an application filed by an outfit called Hindu Front for Justice (HFJ).
According to the plea, survey by the ASI is a statutory duty, which should have done long back at the inspection stage when the "mystery and confusion" about the true character of Bhojshala Saraswati Temple (Bhojshala Temple)-cum-Maulana Kamal Maula Mosque arose, leading to disputes about its true status.
The plea was moved by HFJ president Ranjana Agnihotri and others against Union of India and others. The bench later posted the matter for next hearing on April 29.
Dhar's Shahar Qazi (Muslim community's local religious head) Waqar Sadiq said they will move the Supreme Court against the HC ruling.
Allowing the plea, the division bench gave a number of directions to the ASI, asking it to use latest methods and techniques for the survey, and laid down procedures for the entire exercise.
"Complete scientific investigation, survey and excavation, through adoption of latest methods, techniques and modes of GPR-GPS (Ground Penetrating Radar-Global Positioning System) survey of the site in question constituting the disputed Bhojshala Temple-cum-Kamal Maula Mosque complex, as also the entire 50 m of peripheral ring area surrounding/constituting the circular periphery from the boundary of the complex be conducted," the Judges said.
"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," noted the bench.
The HC suggested giving a representation to the contesting sides in the expert panel tasked with carrying out the scientific investigation, survey and excavation of the site.
"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; 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," maintained the bench.
The HC asked the ASI to prepare an inventory of each and every artifact, idol, deity or any structure found in the premises after unlocking/opening the locked/sealed rooms, halls of the complex and submit the same along with their 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 vide points (a) to (c) and be included separately in the report to be filed before this Court," said the bench.
The HC allowed the ASI to conduct any other study it deems necessary to ascertain the true character of the complex.
"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," it said.
The HC insisted that submissions relating to right to worship and perform rituals in the disputed premises shall be considered only after the panel submits its report.
"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 bench further noted.
"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 the ASI report," it said.
Dhar's Shahar Qazi Sadiq said the HC decision was not acceptable to the Muslim community and they (Kamal Maula Mosque management committee) will appeal against it in the apex court.
"With due respect, we wish to say that the HC order was not acceptable to the Muslim community. Our committee will soon file an appeal against it in the SC," Sadiq told reporters.
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Kejriwal resorting to 'vendetta politics', says BJP after MP Sandeep Pathak booked
New Delhi (PTI): The BJP on Saturday accused Aam Aadmi Party's national convenor Arvind Kejriwal of vendetta politics after Punjab Police booked Rajya Sabha MP Sandeep Pathak, who recently defected to the BJP.
In an X post, BJP national spokesperson Shehzad Poonawalla claimed that Kejriwal is misusing the Punjab Police to settle political scores, and Chief Minister Bhagwant Mann has become a party to it.
"Two FIRs have been filed against Sandeep Pathak, who until recently was in the Aam Aadmi Party (AAP) as a Rajya Sabha MP and general secretary (organisation). What is baffling is the shameless, brazen vendetta politics being pursued by Arvind Kejriwal, with Bhagwant Mann complicit in it," Poonawalla said.
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"It is clear this has been done out of vendetta politics by Kejriwal, who is extremely vengeful and vindictive, and misuses the Punjab Police to pursue such political vendetta," he alleged.
Questioning the timing of the FIRs, Poonawalla said, "If these cases existed from the beginning, why were FIRs not filed earlier? If he was corrupt, why was he kept in the party for so long, especially when he was the general secretary (organisation)? Has any new material surfaced in the last few days, or has the alleged corruption occurred only now?"
He alleged that Kejriwal has an "old habit" of targeting political opponents and dissenters.
"We have seen how he has used the police against rivals, including Congress leaders. This is his old habit," Poonawalla said, referring to the withdrawal of Rajya Sabha MP Harbhajan Singh's security.
Poonawalla claimed that several leaders who had left AAP over the years, including Yogendra Yadav, Mayank Gandhi, Ashish Khetan, Ashutosh and Alka Lamba, were "hounded".
He accused the party of failing to introspect.
"Instead of introspecting on how they have changed -- from Anna to Lalu, from Lokpal to corruption -- they are indulging in vendetta politics, trying to victimise people using the strong arm of the law. This reflects an Emergency-like mindset and a dictatorial, Hitlerian mindset," he said.
According to sources, two FIRs have been lodged against Pathak under non-bailable sections.
No further details about the FIRs have been disclosed yet.
On April 24, the AAP suffered a jolt when seven of its 10 Rajya Sabha MPs quit, alleging that Arvind Kejriwal's party has strayed from its principles, values and core morals.
Of the seven MPs -- who were Pathak, Raghav Chadha, Ashok Mittal, Harbhajan Singh, Rajendra Gupta, Vikramjit Sahney and Swati Maliwal -- six were from Punjab.
Later, Rajya Sabha Chairman C P Radhakrishnan officially accepted their merger with the BJP, reducing AAP's strength in the Upper House to three.
