Bhojshala-Kamal Maula mosque dispute: SC refuses to consider Muslim side's objection to ASI survey report
A three-judge Bench led by CJI Surya Kant says objections to Archaeological Survey of India’s report will be considered by the Madhya Pradesh High Court
The Supreme Court on Wednesday refused to consider the Maulana Kamaluddin Welfare Society’s objections to an ASI survey report which said the existing mosque at the disputed Bhojshala-Kamal Maula Mosque complex at Dhar, Madhya Pradesh was made from parts of an earlier temple that can be dated to the Paramara period –almost 1,000 years ago.
A three-judge Bench led by Chief Justice of India Surya Kant told senior counsel Salman Khurshid, representing the Maulana Kamaluddin Welfare Society, that its objections to the Archaeological Survey of India (ASI) report will be considered by the Madhya Pradesh High Court.
“We will ask the high court to watch the videography and take care of whatever objections have been raised,” the CJI said.
The Bench – which also included Justice Joymalya Bagchi and Justice Vipul M Pancholi – said all objections to the ASI’s scientific survey report, including those related to videography and colour photographs, must be heard by the high court in accordance with the principles of natural justice during the final hearing.
“We have no reason to doubt that the high court will, after seeing the videography, consider those objections to, along with the other objections made by the parties and take an appropriate decision on such objections...In this regard, we have not expressed anything on the matter. All the issues are left open to be articulated by the Appellant (Muslim side),” the Bench said.
'Hindu Front for Justice' – the petitioner before the high court -- was represented by advocates Vishnu Shankar Jain and Barun Sinha while Additional Solicitor General KM Nataraj appeared for the ASI.
“The High Court has not rejected the request. High Court has just said we will see at the time of the final hearing,” Jain pointed out.
The Supreme Court on January 22 allowed Hindus to perform traditional religious ceremonies and rituals from sunrise to sunset on Basant Panchami on January 23 at the disputed Bhojshala-Kamal Maula Mosque complex. It had also permitted Muslims to offer namaz at the disputed monument protected by the ASI from 1 pm to 3 pm on Friday, January 23, 2026.
Hindus have been demanding full ownership of the disputed site at Bhojshala, claiming it was a temple of Goddess Saraswati and the mosque came up later.
After the Supreme Court’s verdict on the Ayodhya dispute, the Hindus made demands for similar ASI surveys at Gyanvapi Mosque, Varanasi, Krishna Janmabhoomi-Shahi Idgah mosque complex, Mathura and Bhojshala Complex at Dhar.
Acting on a petition filed by 'Hindu Front for Justice', the Madhya Pradesh High Court had on March 11, 2024 ordered the ASI to conduct a scientific survey of the Bhojshala complex.
In a report submitted to the high court on July 15, the ASI had said that the existing structure of a mosque in the Bhojshala Complex was made from parts of an earlier temple that can be dated to the Paramara period –almost 1,000 years ago.
“Based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, it can be said that the existing structure was made from the parts of earlier temples,” the ASI had said in its 10-volumn report that alluded to predominantly Hindu character of the structure.
“Total 94 sculptures, sculptural fragments, and architectural members with sculptural depictions were noticed during the investigation. They are made of basalt, marble, schists, soft stone, sand stone, and limestone,” the ASI had said.
“Sculptures of four-armed deities were carved on windows, pillars and beams were used in the existing structures. Images carved on these included Ganesh, Brahma with his consorts, Narsimha, Bhairava, Gods and Goddesses, human and animal figures. Images of animals in different mediums include – lion, elephant, horse, dog, monkey, snake, tortoise, swan and bird. Mythical and composite figures include a variety of kirtimukhas – human face, lion face, composite face; Vyala of different shapes, etc,” it had stated.
