Bhojshala row: Caveat pleas in SC post High Court's temple verdict

Two caveat pleas have been filed in the Supreme Court by Hindu-side petitioners after the Madhya Pradesh High Court declared the disputed Bhojshala-Kamal Maula complex a temple, anticipating a challenge to the verdict from the Muslim side.

Two caveat pleas have been moved in the Supreme Court hours after the Madhya Pradesh High Court declared the disputed Bhojshala-Kamal Maula complex in Dhar a temple, anticipating that parties from the Muslim side may challenge the verdict before the apex court.

The disputed site in Dhar has long been claimed by Hindus as a temple and by Muslims as a mosque. Pending adjudication, the State authorities had put in place a shared arrangement for religious practices while the site remained under the supervision of the Archaeological Survey of India (ASI), which had also surveyed the complex.

Hindu Side Files Caveat Pleas

First, a caveat plea was filed by Hindu-side litigant Jitendra Singh Vishen, who is also a petitioner before the High Court in the Bhojshala dispute, seeking that he be heard before the Supreme Court passes any order on any challenge to the High Court judgment.

Subsequently, another caveat petition was filed by the main Hindu-side petitioner in the matter through Advocate Vishnu Shankar Jain, similarly requesting that no order be passed without hearing the caveators in the event the verdict is challenged.

Details of the High Court Verdict

In its judgment, the Indore Bench of the High Court held that the religious character of the disputed monument was that of Bhojshala, a temple of Goddess Saraswati. "The religious character of the disputed area is held to be Bhojshala with a temple of Goddess Saraswati," the Court said.

The High Court further quashed the 2003 ASI arrangement "to the extent restricting the right of Hindus to worship within the Bhojshala complex and also the order permitting prayer by the Muslim community."

The Court directed that the Union Government and the ASI would take decisions regarding administration and management of the Bhojshala temple, while clarifying that the ASI would continue to exercise overall control and supervision over preservation, conservation and regulation of religious practices at the protected monument under the ASI Act, 1958.

Plea for Saraswati Idol's Return

On the Hindu communities' plea seeking the return of the idol of Goddess Saraswati allegedly housed in a London museum, the High Court noted that several representations had already been submitted to the Union Government. "The Government of India may consider their representation to bring back the idol of Goddess Saraswati from the London museum and re-establish the same within the complex," the Court observed.

Provision for Muslim Community

At the same time, the High Court also sought to safeguard the religious rights of the Muslim community, observing that if an application is made for allotment of suitable land within Dhar district for the construction of a mosque or place for prayer, the State Government may consider the request in accordance with law.

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