00:02Big story at this hour, let's tell you, it's a big win we are hearing for the Hindu side
00:07in the Bhochala Temple matter.
00:11High Court has now declared Bhochala a temple.
00:14The government of India and ASI will be taking a decision for the purpose of administration
00:18and management of the Bhochala Temple and the Sanskrit learning
00:23within property in question situated at Dhar.
00:27Listen in.
00:30A Hindu sin re-OOK for the foreign government."
00:38A Muslim Article has shown that if they want, they have represent they have
00:44law by the Alternate land and in it will be there.
00:48No, because the saying and the way of the standard law on cur arbitrarily contains the
00:54rule of authoritarian land and the trust in all it have allowed
00:59मालुदीन की तरफ से और फिर उसको सरकार कंसिडर करें यह तो पता चलेगा पर काफी बलकी और है और
01:21जो हमारी मूल
01:22I think the whole thing is that the court has accepted all our arguments and allowed us to
01:29allow us.
01:32foreign
01:40foreign
01:41foreign
01:41foreign
01:41in
01:46the
01:48case
01:48in
01:49the case
01:50the case
01:50is
01:51a very important and
01:55and
01:55the
01:55decision
01:56has
01:56a
01:57has
01:59given
02:00the
02:00laws
02:01were
02:01used to
02:02have
02:06a
02:07foreign
02:37The government will be thinking about it.
02:39Sir, sir, sir.
02:41Sir.
02:41Sir.
02:43Hands up.
02:43Hands up.
02:44High Court, holding that original character,
02:47Bochala was sent out of Sanskrit learning.
02:50The Muslim side can approach government
02:51for a separate land in Dhar district
02:54to continue with their prayers.
02:55The court has said, and I'm going to quote,
02:58we've considered the material and the survey report.
03:02We have considered principles that archaeology is a science.
03:06The court can safely rely on conclusions
03:09derived on scientific studies by the ASI.
03:12We have, in fact, one of our reporters joining us.
03:15Srishti, I am told, is with us for the very latest
03:17on that big story, a big win for the Hindu side.
03:20But important to be said that the Muslim side
03:22has other options left as well, including legal ones.
03:26Srishti, I think that's a correct assessment
03:28of the current situation.
03:30Well, yes, as we know, the dispute over the Bochala complex
03:33has been one of the most long-running religious
03:36and archaeological disputes as far as India is concerned.
03:40The core issue, as we know, is whether the disputed site
03:43is a temple which is dedicated to Goddess Saraswati
03:46or was it a Kamal Maula mosque?
03:49Now, the High Court today has very clearly said
03:52that the religious character of the disputed area
03:54is held to be Bochala with Temple of Goddess Saraswati.
03:58So, it's definitely a big win for the Hindu side
04:00in this particular case.
04:02As far as the Muslim side is concerned,
04:04the court has said that they can approach the government
04:08for a separate land in Dhar district to continue their prayer.
04:12However, according to the High Court,
04:14in very clear words, the court has held
04:16that the original character, if we see the material before it
04:19and the reports before it, the original character of Bochala
04:22is one of a centre of Sanskrit learning.
04:26The court has also spoken about the importance
04:28of archaeology as a science,
04:30stating that it has considered all the principles
04:33of archaeology as a science.
04:35It has also considered the material placed before it
04:38and also the survey report that was published
04:41by the Archaeological Survey of India.
04:44Based on the principles of archaeology,
04:46according to the High Court,
04:47the court can very safely rely on the conclusions
04:49which have been put forth, which have been derived
04:52based on scientific studies
04:54by the Archaeological Survey of India.
04:57The court has also pointed out that every government,
04:59it's true that every government has a constitutional obligation
05:03to protect the ancient monuments and structures,
05:06but it also has an obligation to protect monuments
05:10of historical importance and one of sanctum sanctorum.
05:15The court has said that they have noted
05:17the continuity of Hindu worship
05:20or the worship by Hindus at the disputed site.
05:24That particular worship by Hindus
05:27had never extinguished as far as that particular site is concerned.
05:31They have also recorded findings from historical literature
05:35where they have said that if we talk about
05:37the character of the disputed area,
05:39it was one of Bochala,
05:40which was as a center of Sanskrit learning
05:45associated with Raja Bhoch of the Perman dynasty.
05:49Making all these observations,
05:50the court has very clearly come to a conclusion
05:53that the original character of the disputed site
05:55was one of temple,
05:57was a site of Sanskrit learning.
05:59However, they have given liberty to the Muslim side
06:02to approach the government for a different land.
06:04Consider it is a protected area,
06:06protected monument,
06:07the government archaeological survey of India
06:09would continue,
06:10even as per High Court Studies direction,
06:12to preserve the area.
06:14It would continue to administer and take care
06:16of the preservation and conservation
06:19of the Bochala site.
06:20The other important point that has been made
06:24and talk to us a little about it,
06:25it really stands out for me with the court saying
06:27that they can rely on conclusions
06:30derived on scientific studies by ASI.
06:33Also that the government,
06:35every government for that matter,
06:37has got the constitutional obligation
06:38to preserve structures.
06:40Preserve structures is what is the key word here,
06:44isn't it?
06:46I will definitely remember in 2020
06:49for the archaeological survey of India
06:51in this case had conducted
06:52a 98-day scientific survey
06:55of the Bochala complex
06:56under High Court's decisions
06:58and High Court directions itself.
06:59The ASI had also then later submitted
07:02a huge report running over 2,000 pages.
07:05Several submissions were made
07:07where the ASI at one point
07:09had also said that there's evidence
07:10that there was a Parmar era temple architecture
07:14at the disputed site.
07:15Now, while considering that report
07:17in this case,
07:18the court has very clearly said
07:19that they have relied on the ASI report.
07:21They have also gone through
07:23the principles of archaeology as a science
07:26and after going through those principles,
07:28the court can very safely say
07:29that they can rely on conclusions
07:31that have been drawn by the ASI
07:34considering these conclusions
07:35are based on scientific studies
07:37which were conducted
07:38by the archaeological survey of India itself.
07:41Talking about the obligation
07:43of the government,
07:44the court has said that
07:45yes, every government
07:46has a constitutional obligation
07:49to preserve those structures
07:52of archaeological importance,
07:54ancient monuments,
07:55historical importance
07:56but also to preserve
07:58the sectum sanctorum.
08:00So, the court has based on
08:01principles of archaeology,
08:04based on the survey report
08:05that was submitted by the ASI
08:08which was eventually challenged
08:10by the Muslim side.
08:12They have based on these reports
08:13and this data
08:14come to this conclusion
08:15that the site
08:16is actually
08:17one of a temple
08:19of Goddess Saraswati
08:20and not a mosque.
08:22Well, absolutely.
08:23The bench has also said
08:24importantly viewers
08:25that they have noted
08:27continuity of Hindu worship
08:29at the site
08:29but there has never been extinguished.
08:32Also, I'm going to quote them again.
08:33We record findings
08:35that historical literature
08:36places establish
08:37the character
08:38of the dispute area.
08:39It was Bhochala,
08:40a centre of Sanskrit
08:41learning associated
08:42with Raja Bhoj
08:44of the Parmar dynasty.
08:46It said the government
08:47of India and ASI
08:48to take decision
08:48regarding management.
08:49It's not just about
08:51establishing the nature
08:52of this site
08:53but also saying
08:54that what the government
08:56needs to do now
08:57is look at the management
08:58of Bhochala complex.
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