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HC upholds order on Bhojshala

JABALPUR SEPT. 18. The Madhya Pradesh High Court today upheld the order of the Central and State Governments to open the controversial Bhojshala of Dhar district on allowing Hindus to offer worship every Tuesday and dismissed the writ petition filed by a group of Muslims.

Justice A.K. Mishra held that the petition filed in "representative capacity", was not maintainable by invoking the writ jurisdiction of the High Court under Articles 226 and 227 of the Constitution.

Justice Mishra further held that the disputed facts as to whether it was a "mosque" or a "temple", could not be decided by the High Court in its writ jurisdiction and ruled that the petitioner should challenge the matter in Civil Courts.

Citing several authorities of the Supreme Court and of the various High Courts, the Judge dismissed the petition in preliminary hearing, by rejecting almost all the contentions of counsel for the petitioner, Shobha Menon.

PTI

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