Agencies | Bhopal:
In a significant judgment in the decades-old Bhojshala-Kamal Maula Mosque dispute, the Madhya Pradesh High Court on Friday declared the disputed complex in Dhar as Bhojshala, a temple dedicated to Goddess Saraswati, and prohibited the offering of namaz within the premises.
The verdict was delivered by a division bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi, which ruled in favour of the Hindu petitioners. The court held that the religious character of the site is that of a Hindu temple associated with Goddess Vagdevi Saraswati and recognised it as a historic centre of Sanskrit learning linked to Raja Bhoj of the Paramara dynasty.
“We have noted continuity of Hindu worship at the site has never been extinguished,” the bench observed, adding that historical literature and records establish the disputed structure as Bhojshala.
The court further stated that the Muslim community may approach the state government for allocation of separate land in the district for the construction of a mosque.
The High Court also ruled that the Bhojshala-Kamal Maula Mosque complex is a protected monument under the Ancient Monuments Preservation framework, with its protected status tracing back to March 18, 1904.
At the same time, the bench declined to place reliance on the Archaeological Survey of India’s survey report, observing that the findings did not inspire sufficient confidence. However, the court clarified that the Archaeological Survey of India would continue to exercise full supervisory authority over the preservation and conservation of the monument.
The court additionally noted that the state government may examine various representations seeking the return of the idol of Goddess Saraswati, presently housed in a museum in London, and consider reinstalling it at Bhojshala.
The dispute surrounding the Dhar monument has remained a contentious issue for decades, with multiple communities laying claim to the site’s religious identity. While Hindu groups have maintained that Bhojshala is an ancient Saraswati temple, the Muslim side has identified the structure as the Kamal Maula Mosque. A petitioner from the Jain community had also argued that the site originally functioned as a medieval Jain temple and gurukul.
Under a 2003 arrangement implemented by the ASI, Hindus were permitted to offer worship at the site on Tuesdays, while Muslims were allowed to offer namaz on Fridays. The Hindu petitioners later challenged the arrangement before the High Court, seeking exclusive rights over the complex.
During the proceedings, the High Court had directed the ASI on March 11, 2024, to conduct a scientific survey of the disputed premises. The ASI began the exercise on March 22 and carried out a 98-day survey before submitting its findings to the court.
