Hearing and debate in Bhojshala Dispute Case:Advocate argues similar issues already settled; next hearing to focus on historical aspects

During Tuesday’s hearing in the discussed Bhojshala dispute case, detailed arguments were held on the issues of Res judicata and maintainability of petitions. During the hearing, Senior Advocate Salman Khurshid appeared via video conferencing and presented arguments. Advocate Noor Ahmad Sheikh stated that Advocate Khurshid presented arguments on behalf of the Maulana Kamaluddin Welfare Society. Emphasis on Maintainability and Res Judicata During the arguments, various judicial decisions were cited along with replies and a synopsis. Advocate Salman Khurshid mainly argued on two points. Maintainability of Petition: The issue was raised that such matters cannot be decided under writ jurisdiction. Principle of Res Judicata: It was argued that several petitions seeking similar relief have already been decided, in which the order dated April 7, 2003, was challenged. It was stated that some of the previously filed petitions have already been decided by the High Court, and writ appeals related to them are pending. In such a situation, rehearing of petitions of a similar nature may be barred under the principle of Res judicata. However, the opposing party also argued that Res judicata does not apply in this case. Debate on historical aspects in further hearing Advocate Sheikh stated that in the next hearing, arguments will be presented in detail on historical aspects. Along with this, the Ayodhya-related decision was also mentioned, on which further debate is likely to take place.

He said that arguments from several parties are still pending, which include presentations from the Archaeological Survey of India (ASI) and the government. The hearing of the case is ongoing.

Meanwhile, according to the court order, Salman Khurshid, on behalf of Kamal Maulana Welfare Society, informed the court that their application regarding presentation of videography (IA number 2318/26) is under consideration, on which the Supreme Court in its order dated April 1, 2026, had directed that if there are any objections based on the facts recorded in the videography, then the High Court will consider those objections along with other objections in accordance with the principles of natural justice. Therefore, the videography of the survey conducted by ASI should be made available to them, so that after viewing it, they can present their objections.

Sunil Jain, on behalf of ASI, objected, saying that it will take considerable time to make available the videography of the 98-day survey. Not only this, as per the Supreme Court’s order, the videography is limited only to viewing by the court. ASI to make videography available by April 27 Dismissing ASI’s argument, the court, keeping in mind the Supreme Court’s directions, instructed ASI that since the Bhojshala case hearing is ongoing daily, the videography of the Bhojshala survey should be uploaded on a digital platform, Google Drive, or cloud service, on a priority basis by April 27, and provided to the petitioner. Advocates will argue on this issue again on Wednesday.