Muslims file petition on Bhojshala

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July 16, 2003 10:33 IST

A group of Muslims have filed a writ petition in the Madhya Pradesh high court in Jabalpur challenging the Centre and state government's order to open the controversial Bhojshala shrine.

The 85-page petition said according to the Islamic law, a mosque could not be used for any other purpose.

"But Union of India and superintending archaeologist along with Madhya Pradesh government... arbitrarily and capriciously attempted and ostensibly converted the said mosque into a pujaghar and also without the consent and concurrence of the Muslim denomination of Dhar, so that with the passage of time the character of the said mosque could be converted to a different desired goal and purpose inconsistent with its long-standing existing character," they said.

Challenging the state government's April 7 order, the petition said it was 'bad in law to permit Hindu community to a right of access and therefore deserves to be annulled'.

'The impugned order of April 7 last permitting Hindu community access for holding traditional ceremonies' on the occasion of Basant Panchmi every year was 'vague and inconsistent', it said.

The petition said the government order constituted 'not only a flagrant violation of the Indian Constitution, but also utter transgression of Ancient Monuments and Archaeological Sites and Remains Act of 1958 and of Places of Worship (Special Provisions) Act 1991'.

The petition was filed on Monday and is yet to be listed for hearing.

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