The Supreme Court on Wednesday considered a plea seeking access to videography and photographs of the ASI survey conducted at the Bhojshala Temple–Kamal Maula Mosque complex, the petitioner contending that without such material, it would be unable to place effective and comprehensive objections before the Madhya Pradesh High Court. The plea was raised in the backdrop of ongoing proceedings concerning the religious character of the disputed site.

It was contended that while preliminary objections had been filed, they could not be comprehensive without examining the videography, especially where certain aspects of the survey were allegedly not reflected in the official report. The Senior Advocate Salman Khurshid submitted:

“Heavens don’t fall if in a week’s time we are given all these documents if in a week’s time we are given all these documents and the court could then hear it after a week or whatever week, ten days. That’s all we are seeking, nothing unreasonable, no intention to delay it in any form.”

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi questioned why the petitioner’s side had not remained present during the survey exercise, to which counsel explained that “They were doing the survey in four places at the same time and only two people were allowed… we couldn’t be everywhere.” On this, the court and the petitioner agreed that such restrictions were necessary to manage the situation and avoid overcrowding.

It was also submitted on behalf of the petitioner that the High Court had not rejected the request for access to videography, but had deferred consideration of the application to the stage of final hearing, which would render the objections ineffective at the present stage.

Taking note of the submission, the Court observed that the High Court could examine the videographic material while dealing with objections raised by the parties.

“We will ask the High Court to watch the videography and take care of whatever objections have been raised…“The High Court will consider those objections… in accordance with the principle of natural justice.”

The Court further noted that some objections were already recorded during the course of videography and expressed confidence that the High Court would consider all such objections in accordance with principles of natural justice, while leaving all issues open.