Indore High Court Commences Pivotal Hearing on Bhojshala's Future
A landmark judicial proceeding concerning the destiny of Dhar's historic Bhojshala site is scheduled to commence from Monday at the Indore bench of the Madhya Pradesh High Court. On the very first day of this critical hearing, the court is poised to unseal and examine a comprehensive 98-day scientific survey report meticulously prepared by the Archaeological Survey of India (ASI). This document, which has been shrouded in secrecy, is set to be made public for the first time during the court proceedings, marking a significant milestone in the long-standing dispute.
Supreme Court Directives Shape the Proceedings
The hearing is being conducted under explicit directions from the Supreme Court of India. A division bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi has been assigned to preside over the matter, which is listed at serial number 62 on the court's docket. The apex court issued a crucial order mandating that the writ petition hearing be conducted by a division bench, preferably headed by the Chief Justice or the senior-most judge. This order was formally issued in the case of Maulana Kamaluddin Welfare Society versus Hindu Front For Justice and others, underscoring the legal gravity of the proceedings.
Background: The ASI's Extensive Scientific Survey
Earlier, on March 11, 2024, the Madhya Pradesh High Court had directed the ASI to undertake a thorough investigation and survey at the Bhojshala site, utilizing the latest scientific methods. The site is officially recognized as a protected historical monument. In compliance with this directive, an expert committee from the ASI, consisting of five of its senior-most officers, executed a detailed survey. Their work included:
- Comprehensive photography of the entire survey premises to document the site's current state.
- Opening of locked and sealed rooms within the monument to access previously inaccessible areas.
- Scientific examination of artefacts and structural items discovered during the survey by the expert team.
Following this intensive 98-day effort, the ASI submitted its findings in a sealed envelope to the court, setting the stage for the current hearing.
Report's Contents to be Shared with All Parties
The ASI report is slated to be shared with lawyers representing both sides of the dispute, as well as with parties from the Hindu and Muslim communities involved in the case. The findings contained within this report are anticipated to play a central and decisive role in determining the historical character and future religious status of Bhojshala. Officials and litigants closely associated with the case believe that the document could provide much-needed clarity, potentially answering long-standing questions surrounding the site's intricate history and contested identity.
Supreme Court's Detailed Instructions on Report Handling
The Supreme Court had provided specific instructions regarding the handling of the ASI report. It directed the division bench of the Madhya Pradesh High Court to unseal the report in open court and supply copies to both parties involved in the litigation. Furthermore, the apex court stipulated, "If such a part of the report cannot be opened the parties may be permitted to inspect such part of the report in the presence of their experts and advocates. Thereafter the parties will be granted two weeks' time to file their respective objections, suggestions, opinions or recommendations." This procedural framework ensures a transparent and equitable review process for all stakeholders.
The commencement of this hearing represents a critical juncture in the legal and historical examination of Bhojshala, with the ASI's scientific survey report expected to be a cornerstone in the judicial resolution of this culturally and religiously significant dispute.
