'No order without hearing us': Hindu party files caveat in SC after HC Bhojshala verdict

NEW DELHI: Two caveat pleas were moved in the Supreme Court on Friday, hours after the Madhya Pradesh high court declared the disputed Bhojshala-Kamal Maula complex in Dhar as a temple of Goddess Vagdevi (Saraswati). The plea was filed anticipating a possible challenge to the verdict by the Muslim side.

A caveat plea is generally filed as a precautionary legal notice by anyone who anticipates that someone else may move court against them. It acts as a legal safeguard, ensuring that the court hears the caveator before passing any order or granting relief in the matter.





The first caveat petition was filed by Hindu-side litigant Jitendra Singh Vishen, who is also a petitioner before the Madhya Pradesh high court in the Bhojshala dispute. The plea sought a direction that no order be passed by the apex court without hearing him if the verdict is challenged.

Subsequently, another caveat plea was filed by the main Hindu-side petitioner through advocate Vishnu Shankar Jain, seeking similar protection before any proceedings are undertaken in the Supreme Court.

The caveat petitions came shortly after the Indore bench of the Madhya Pradesh high court held that the religious character of the disputed monument was that of Bhojshala, a temple dedicated to Goddess Saraswati.

"The religious character of the disputed area is held to be Bhojshala with a temple of Goddess Saraswati," the court observed in its verdict.

The high court also quashed the Archaeological Survey of India's 2003 arrangement to the extent that it restricted Hindu worship and permitted Muslims to offer namaz at the complex.

The court directed that the Union government and the ASI would decide the future administration and management of the Bhojshala temple, while the ASI would continue to supervise preservation and regulation of religious practices at the protected monument under the ASI Act, 1958.

On the Hindu side's demand seeking the return of the idol of Goddess Saraswati allegedly kept in a London museum, the high court said the Centre may consider the representations already submitted in this regard.

At the same time, the court observed that if the Muslim side seeks allotment of suitable land within Dhar district for the construction of a mosque or prayer site, the state government may consider the request in accordance with law.

The Bhojshala-Kamal Maula complex dispute has remained a long-standing religious and legal issue, with Hindus claiming the site as an ancient Saraswati temple linked to Raja Bhoj, while Muslims maintain it is the Kamal Maula mosque.

Under a 2003 arrangement framed by the ASI, Hindus were allowed to perform puja on Tuesdays while Muslims offered namaz on Fridays. The arrangement remained in force while the site continued under ASI protection and supervision.