The Supreme Court on Monday refused to stay the decision of the Madhya Pradesh High Court directing ASI survey of the entire site of Bhojshala Temple cum Kamal Maula Mosque.
A bench presided over by Justice Hrishikesh Roy issued notice to the Union government, Archaeological Survey of India (ASI), Hindu front for Justice Trust and others on a special leave petition filed by Maulana Kamaluddin Welfare Society.
In the meantime, the Bench, also comprising Justice Prashant Kumar Mishra, directed that the courts below will not act upon the survey report. The apex court clarified that no physical excavation should be done by ASI at premises in question which in effect could change the character of the structure.
On March 13, the Indore Bench of the MP High Court ordered ASI to undertake a complete scientific investigation, survey and excavation of the site, including carbon dating of the age, life of various structures both above and beneath the ground.
The High Court said that the right to worship and perform rituals in the disputed premises would be considered and determined only after receipt of the report from the Expert Committee consisting of not less than five senior most officers of ASI.
The petitioners had contended that many ASI reports prepared from time to time have stated that originally constructed Bhojshala and Vagdevi temple was dismantled to install and construct a mosque over at the instance of Islamist rulers and force.
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