The Supreme Court on Thursday ordered to place before Chief Justice of India Sanjiv Khanna, a petition challenging the Madhya Pradesh High Court verdict, which directed the Archaeological Survey of India to conduct a survey of the Bhojshala Temple-cum-Kamal Maula Mosque complex.
The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti observed that since a CJI-led Bench was hearing a batch of cases, which challenged the constitutional validity of the Places of Worship Act, 1991, the current petition should be tagged along with them.
The Counsels for respondents, including Advocate Vishnu Shankar Jain, claimed that the order in the Places of Worship Act batch would not come in the way of the present case as Bhojshala complex was protected by ASI.
The Bench, however, rejected the arguments and directed the Registry to place the matter before the CJI for tagging of the matter with similar pleas.
The Apex Court also heard a contempt petition, which alleged violation of it’s previous interim order against excavation at the Bhojshala complex site.
After looking at some of the pictures submitted in the Court, the Bench said despite it’s interim order banning excavation on the site, some excavation was still going on.
The Apex Court asked Jain whether he would accept notice on behalf of the proposed contemnors.
Advocate Jain conceded to the verdict. The Supreme Court then proceeded to list the case before CJI Khanna.
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