New Delhi: The Delhi High Court on September 1 refused to stay the Archaeological Survey of India (ASI) order opening up the disputed Bhojshala shrine in Madhya Pradesh for Hindus every Tuesday.

Justice S K Mahajan refused to stay the April 7 order of the ASI after Centre's counsel N K Pandey informed the court that a similar petition was pending in the Madhya Pradesh High Court at Jabalpur.

The court, which also declined to issue notices to the Centre, ASI and the state of Madhya Pradesh, asked Pandey to produce a copy of Centre's reply filed in the Madhya Pradesh High Court and posted the matter for hearing on September 12.

Petitioners - Qazi Mounuddin, Altaf Mohammad, Kazi Zhirudddin, Rayaz Khan and Anaver of Dhar in Madhya Pradesh - had urged the court to quash the ASI order allowing Hindus to offer prayers at the shrine every Tuesday from sunrise to sunset.

Terming the ASI order as "wholly arbitrary, illegal and void", the petitioners also sought to restrain the Centre, ASI and the state of Madhya Pradesh from implementing the same.

However, Pandey opposed the petition saying it was not maintainable as a similar petition was pending in the Madhya Pradesh High Court at Jabalpur.

The petitioners submitted that allowing Hindus to offer prayers at the shrine "is contrary to the established practice and has the effect of changing of the nature and character of the place" known as Bhojshala-Kamal Maula mosque.

Some political and religious leaders were claiming return of the shrine to the Hindus and seeking installation of the idol of Goddess Saraswati purportedly lying in a British museum, the petitioners alleged.

PTI