Hindu Front Moves Plea in SC to Vacate Interim Stay in Bhojshala Temple-Kamal Maula Mosque Dispute

Hindu Front Moves Plea in SC to Vacate Interim Stay

in Bhojshala Temple-Kamal Maula Mosque Dispute


The Hindu Front for Justice (HFJ) has recently filed a plea in the Supreme Court of India to vacate the interim stay that restrains action based on the Archaeological Survey of India (ASI) report concerning the Bhojshala Temple-Kamal Maula Mosque complex dispute.


Background of the Dispute


This complex issue began when the Madhya Pradesh High Court permitted an ASI survey of the Bhojshala Temple-Kamal Maula Mosque to determine its religious character on March 11, 2024. Subsequently, the mosque committee challenged this decision, leading to the Supreme Court issuing an interim stay on April 1, 2024, preventing action based on the ASI's findings.


The Plea by HFJ


Filed through advocate Vishnu Shankar Jain, HFJ's application argues that the Supreme Court's interim stay has rendered the Special Leave Petition (SLP) ineffective. HFJ maintains that objections to the ASI report can be raised in the High Court, where all related questions, including the locus standi and maintainability of the Writ Petition, should be addressed.


Implications of the Interim Stay


HFJ contends that the Supreme Court's refusal to stay the ASI survey, while simultaneously restraining action based on its report, has effectively stalled proceedings before the High Court. They argue that the questions raised in the Writ Petition need to be decided on their merits promptly, necessitating the vacation of the interim order.


Recent Developments


Earlier this week, the Supreme Court agreed to consider listing the petition related to the Bhojshala Temple-Kamal Maula Mosque complex dispute. Advocate Vishnu Shankar Jain informed the Supreme Court that the ASI had submitted its report to the Madhya Pradesh High Court.


The High Court had earlier ordered the ASI to conduct a comprehensive survey without altering the original nature of the complex to ascertain its true character. This report was to be submitted within six weeks of the order's receipt.


High Court's Directives


The High Court has emphasized that the right to worship and perform rituals at the disputed site will only be considered after receiving the ASI's report. Issues such as the validity of the waqf on the disputed complex and the relief sought by the petitioners will also be adjudicated based on the ASI's findings.


Conclusion


HFJ's plea to vacate the interim stay aims to expedite the resolution of the complex dispute over the Bhojshala Temple-Kamal Maula Mosque by allowing the High Court to proceed with the case. The Supreme Court's decision on this matter will be crucial in determining the future course of action.

Location: Pune, Maharashtra, India

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