Muslim residents of Dhar have challenged the MP High Court’s verdict on the Bhojshala structure in the Supreme Court. Their petition calls the judgment “one-sided and unilateral” and notes that a separate civil suit is already pending.
Dhar Muslim residents have approached the Supreme Court to challenge the recent high court judgment on the disputed Bhojshala structure, labelling the verdict as a unilateral and legally flawed decision. Advocate Ashhar Warsi, representing petitioner Jibran Ansari, on Wednesday, said that a petition has been filed before the Supreme Court, alleging that the order was “one-sided and unilateral” and that the writ petition contests the fundamental legal validity of the ruling.
Petitioners Allege ‘Unilateral’ Ruling
Speaking to ANI on the matter, Warsi said, “We have specifically submitted before the Supreme Court that this entire judgment is one-sided and unilateral. It was delivered without examining the facts and involved an ‘affirmation of evidence,’ which is fundamentally impermissible within the scope of a writ petition. We have challenged this.”
He further stated that the petitioners argued before the apex court that since a civil suit concerning the matter is already pending in Dhar, all parties should be directed to pursue remedies before the competent civil court. “Given that a civil suit was already pending in Dhar, we had raised specific arguments regarding that ongoing litigation. We contended that since a civil suit is already in progress, all concerned parties ought to be directed to that forum,” he said.
Warsi added that notices in the matter have been issued to the Archaeological Survey of India (ASI), the Central Government, the State Government, and the Revenue Department. “We have filed our petition. We are now awaiting the Court to list the matter,” he added.
Dispute Over Site’s Religious Character
Earlier, on May 22, the Muslim side had also moved the Supreme Court of India, challenging the Madhya Pradesh High Court’s order declaring the disputed Bhojshala Complex in Dhar a temple. The Special Leave Petition (SLP) was filed by Quazi Moinuddin, who describes himself as the caretaker of the Kamal Maula mosque.
While the Hindu side claims that the disputed structure is a temple dedicated to Goddess Saraswati, the Muslim side maintains that it is the Kamal Maula mosque. The matter had earlier been adjudicated by the Madhya Pradesh High Court, which held the site to be a temple, a decision now under challenge before the apex court.
The Muslim community has said it is expecting a stay order from the Supreme Court shortly after filing the petition. The President of the Muslim community said, “We will not offer Namaz at the Bhojshala tomorrow, as the administration has not granted permission.” This comes after 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 later 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.” (ANI)
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