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Protests Over Madhya Pradesh Lawyer's Murder Stall Bhojshala Case Hearing

At the heart of the case lies the Archaeological Survey of India's scientific survey, ordered on the Hindu side's application and submitted to the High Court on July 15, 2024.

Protests Over Madhya Pradesh Lawyer's Murder Stall Bhojshala Case Hearing
The Bhojshala Kamal Maula mosque dispute is being heard by a division bench.
  • Legal hearing on Bhojshala-Kamal Maula case postponed to February 18 due to lawyers' strike
  • Advocate Sanjay Kumar Saxena was murdered in Shivpuri over a land dispute and election rivalry
  • Three suspects arrested; one injured in police encounter during apprehension
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Dhar:

The legal battle over the historic Bhojshala-Kamal Maula complex in Madhya Pradesh's Dhar was expected to witness a crucial turn on Monday. Instead, proceedings were drowned out by gunshots fired days earlier in another district, sending shockwaves across the legal fraternity.

The hearing by the Indore Bench of the Madhya Pradesh High Court was postponed to February 18 after lawyers across the state abstained from court work after the murder of advocate Sanjay Kumar Saxena in Shivpuri.

In Karaira town of Shivpuri district, 57-year-old Saxena was gunned down on February 14 while on his way to court in uniform. Police investigation revealed that the murder was allegedly a contract killing worth Rs 10 lakh. Superintendent of Police Aman Singh Rathod stated that Rs 2 lakh was paid in advance, with the remaining amount was to be handed over after the killing. The conspiracy, according to preliminary findings, stemmed from a land dispute and an old election rivalry. Three shooters have been arrested. During one arrest at Chirli Tiraha, a brief encounter occurred, and one accused sustained bullet injuries to his legs.

The Madhya Pradesh State Bar Council convened an emergency meeting on Sunday and announced a protest day, demanding immediate implementation of the Advocates Protection Act. District bars, the High Court Bar Association, and other legal bodies have jointly decided to abstain from pleading on Mondays. Lawyers have issued a seven-day ultimatum to the state government. During this period, memorandums will be submitted through tehsildars to both the Prime Minister and the Chief Minister. If no concrete action is taken, nearly 1.25 lakh advocates from across the state have threatened to march to Bhopal and lay siege to the Chief Minister's residence.

The Bhojshala Kamal Maula mosque dispute being heard by a division bench, comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi, was listed as item number 62. According to Indore High Court advocate Shreesh Dubey, the case could not be taken up due to the statewide strike. Petitioner Ashish Goyal, representing the Hindu side, confirmed that the hearing was deferred because advocates had resolved not to appear in courts on Monday.

At the heart of the case lies the Archaeological Survey of India's (ASI) scientific survey, ordered on the Hindu side's application and submitted to the High Court on July 15, 2024. The Hindu petitioners have maintained that the ASI findings are crucial in determining the historical character of the site.

The Muslim side has raised strong objections, arguing that earlier cases dating back to 2003 must be heard first. They have also alleged irregularities in the 2024 ASI survey, claiming that objects and stones were being placed at the site at night during the survey period, proof of which they say has already been placed before the court. The legal contest, already sensitive and layered with historical and religious complexity, will now be heard on February 18.

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