‘Consider Muslim Side’s Objections To Survey’, SC To MP HC In Bhojshala-Kamal Maula Mosque Case
The court heard submissions by advocate Salman Khurshid, appearing for Maulana Kamaluddin Welfare Society, and advocates Barun Sinha and Vishnu Shankar Jain for Hindu parties.
By Sumit Saxena
Published : April 1, 2026 at 5:53 PM IST
New Delhi: The Supreme Court on Wednesday said the Madhya Pradesh High Court will consider the objections raised by the Muslim side regarding the ongoing Archaeological Survey of India survey, including videography and colour photographs of the disputed Bhojshala Temple-Kamal Maula Mosque premises.
The matter came up before a bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi. The bench heard submissions by senior advocate Salman Khurshid, appearing for the Maulana Kamaluddin Welfare Society, and advocates Barun Sinha and Vishnu Shankar Jain for Hindu parties.
Earlier, the high court had said it would inspect the Bhojshala Temple-Kamal Maula Mosque complex at Dhar before April 2 due to numerous disputes pertaining to the ASI-protected structure. Though the apex court declined to interfere with the high court’s proceedings, it stressed that all objections regarding the scientific survey must be heard in accordance with the principles of natural justice.
During the hearing, Khurshid said his client needs the videography and colour pictures so they can make their objections accordingly, adding that a week would be required to submit those objections. Khurshid said that if they have not examined the videography, their objections will not be present when the main case is heard. “And, heavens don’t fall if in a week’s time we are given all these documents and the court could then hear it after a week or 10 days, nothing unreasonable and no intention to delay it any form,” submitted Khurshid.
The apex court noted that the high court had already addressed the procedural timeline for these objections. "The videography issue is very critical," insisted Khurshid. The bench observed that while the survey report listed some objections, others remained unaddressed. The bench said the videography would be played in court, allowing all parties to offer appropriate comments regarding the survey report's acceptability and correctness in relation to the videography.
The bench referred to the apex court’s earlier directions and said the high court had passed the interim order and said it will hear the objections at the stage of final hearing. “The high court has passed an order in deference to our earlier directions. We have no doubt that the high court, after perusing the videography, will take up the objections in accordance with the principles of natural justice”, observed the bench.
The apex court made it clear that it has not expressed any opinion on the merits of the case and that parties remain free to approach the high court for any grievances. On March 16, a high court bench of Justices Vijay Kumar Shukla and Alok Awasthi set April 2 for the regular hearing of the petitions related to the disputed complex and said it will inspect the site.
On March 28, the two high court judges inspected the complex in Dhar. Justices Shukla and Awasthi of the Indore bench of the High Court had reached the site at around 1:50 PM and left at 2:45 PM.
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