Bhojshala case: Hindu side files caveat in Supreme Court as Muslim side plans to challenge High Court order

After the ruling by the Indore Bench of the Madhya Pradesh High Court in connection with the Bhojshala complex in Dhar, the Hindu side has moved to secure its legal standing.

On Friday, May 15, a caveat petition was filed in the Supreme Court by Jitendra Singh Vishen through his counsel, Advocate Barun Kumar Sinha. The plea requests that the top court refrain from passing any ex parte orders on potential appeals against the High Court’s verdict without first granting a hearing to the Hindu side, IANS reported.

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This major legal step will ensure that the Hindu petitioners are notified and heard before the apex court considers any stay or interim order on the High Court’s verdict.

This comes at a time when the Muslim side has expressed its intent to challenge the ruling.

Dhar City Qazi Wakar Sadiq said that they would carefully review the Archaeological Survey of India (ASI) report before approaching the top court. It has been said that multiple objections raised during the survey process could form the basis of their legal challenge.

He further argued that judicial precedents suggest an archaeological report should not be the sole basis for reaching a final verdict.

This comes as the High Court declared the 11th century monument to be a temple dedicated to Goddess Saraswati and placed its administration under the discretion of the central government as well as ASI.

After hearing all the sides, the High Court set aside the April 7, 2003, administrative order which allowed the Muslim community to offer Friday prayers at the site.

Further, it stated that the Muslim side, which identifies the structure as the Kamal Maula Mosque, could approach the Madhya Pradesh government for a separate allotment of land in Dhar for the mosque’s construction.