Vijay Kumar Shukla J. Archives

Bhojshala Directions Jain Temple Objections

MP HC Evaluates Preliminary Objections Raised On Maintainability of Petition; Directions Issued — Held, Bhojshala Not A Jain Temple

“The issue is not related to the ‘title of the property’ but for the claim of fundamental right of worship or prayer and if the ‘disputed area’ is held to be a ‘protected monument’ under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bar under the Places of Worship Act, 1991 would not apply.”

Case Briefs High Courts

The Bhojshala Complex Judgment: MP HC Examines Validity Of ASI Survey, Ailan 1935 & Waqf Claim In The Light Of Ayodhya Precedent

“Every order issued by the Princely Ruler survives as law only when it goes through the test as prescribed under the Constitution, thus, the Ailan of 1935 was merely an executive or administrative arrangement and not a legislative enactment and the ASI report establishes a pre-existing temple structure, whose remains form the base of the present monument.”