Hindu Side Argues Fundamental Rights Violated In Bhojshala Case In Indore Bench Of Madhya Pradesh High Court

Indore (Madhya Pradesh): The Hindu side on Thursday argued before Indore bench of Madhya Pradesh High Court that the writ petition in the Bhojshala dispute is maintainable as it concerns the alleged violation of the fundamental rights of Hindus.

Supreme Court advocate Vishnu Shankar Jain and advocate Vinay Joshi appeared before the court on behalf of the Hindu side and countered the arguments presented by the Muslim side.

The Hindu side contended that the Places of Worship Act does not apply to Bhojshala because the site is a protected monument under the Archaeological Survey of India (ASI).

Jain argued that a 2024 judicial precedent cited by the Muslim side in relation to the Places of Worship Act is not applicable in the present matter. He submitted that while the Supreme Court had directed that matters linked to the Act should not be entertained until the related proceedings are resolved, the present matter is a writ petition and not a civil suit. According to the Hindu side, the petition was filed over the alleged violation of the fundamental rights of Hindus.

Jain also informed the HC that on January 23 during the Basant Panchami celebrations, the SC had granted permission for uninterrupted worship, havan and religious rituals throughout the day at Bhojshala on an application filed by Hindu Front for Justice. He stated that the apex court had also sent the matter back to the High Court for expeditious hearing, following which regular proceedings are continuing.

The Hindu side additionally argued that Bhojshala is listed as a protected monument under the Ancient and Historical Monuments and Archaeological Sites and Remains Act.

During the hearing, Jain requested the court to quash the April 7, 2003 order issued by the ASI and determine the religious character of Bhojshala. The petition also sought that Bhojshala be handed over completely to the Hindu community to allow uninterrupted worship of Goddess Saraswati throughout the year.

The matter is scheduled for further hearing on Monday, May 11 when the Muslim side is expected to file its rejoinder before the HC.