HINDU FRONT FOR JUSTICE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard on I.A. No. 986/2024, which is an application seeking issuance of directions to the Director, Archaeological Survey of India in terms of Sec. 75(e) and Order 26 Rule 10A of the CPC. It is contended on behalf of the petitioners whilst pressing the Interlocutory Application that survey by the Archaeological Survey of India (for short 'ASI') is a statutory duty, which the ASI ought to have performed long back at the inception when the mystery and confusion about the true character of Bhojshala Saraswati Temple ('Bhojshala Temple') cum Maulana Kamal Maula Mosque ('mosque') arose leading to disputes about its true status. He goes on to contend that under Sec. 16 read with Sec. 21 of The Ancient Monuments and Archaeological Sites and Remains Act, 1958 ('the Monuments Act,1958'), determining and entertaining the true character of any ancient monument is a starting point for the ASI to discharge its statutory duty. A mandamus can be issued to the ASI for discharging its statutory duty in terms of Sec. 16, towards determining the character and nature of the premises in question, viz. Whether a Temple or Mosque or to what extent are traits of temple along with the deity present in the temple. It is further submitted relying on the documents annexed with the Writ Petition vide Annexure P-5 (I-V) (Images of the various parts & structures standing in the premises) that there are yantras and sanskrit shlokas inscribed on floors, pillars, walls, which have been deliberately defaced and scratched by visitors from other community and religion; there are carved pillars with defaced images of Hindu goddesses and Gods of various buildings standing inside the premises, including images of Sun God and other Hindu Gods with their traditional engravings. Drawing attention of the Court to various structures like walls, sanctum santorum in the disputed complex, it is further argued that there are present mantras inscribed in Sanskrit with recitals of Pali/Prakrit.; a large Hawan Kund and other Kunds constructed originally for conducting Yajnas and offering rituals before them.

(2.) The petitioners have also relied upon number of historical documents and research material done by foreign as well as Indian Scholars which have mentioned that Bhojshala complex with the Vagdevi temple pre-existed the Kamal Maula Mosque hundreds of years before it. The documents relied upon by the petitioners side disclose that the mosque had been constructed by dismantling, destroying and dismantling the ancient structures of previously constructed Hindu temples for construction of the Mosque. This construction of the mosque on the pre-existing Bhojshala temple took place during the reigns of Alaudim Khilji at the turn of 13th - 14th century. Subsequently, the Kamal Maula Mosque was constructed during the regime of Mehmood Khilji (II) sometime in the year 1514. Even the study reports of the ASI prepared from time to time have stated that originally constructed Bhojshala and Vagdevi temple was destroyed / dismantled to install and construct a mosque over at the instance of Islamist rulers and forces.

(3.) In the backdrop of the aforementioned submissions, therefore the petitioners prays that it is the sanguine and bounden duty of the ASI acting under the Ancient Monuments Act, 1958 to ascertain the true character, nature and form of the premises in question.