Indore, Mar 16 The ongoing legal dispute over the religious nature of the Bhojshala Temple-Kamal Maula Mosque complex in Madhya Pradesh has taken a new turn with the Muslim side filing a civil suit in a court in Dhar claiming ownership of the entire structure calling it "Jama Masjid" and "Waqf property."
This suit comes at a time when separate petitions regarding this monument are pending in Madhya Pradesh High Court, with the Hindu side, citing a scientific survey report of the Archaeological Survey of India (ASI), claiming the structure was originally an ancient temple.
The Muslim side, in its latest suit, claimed the ASI-protected complex was originally a "Jama Masjid" where members of the community have been offering prayers for the past 700 years.
Jebran Ansari of Dhar and two other members of the Muslim community informed the Madhya Pradesh High Court about the case in an interim application filed on Monday and requested that related documents be taken on record. In the application, the three individuals have proposed to become intervenors in a petition filed by the Hindu side in HC regarding the Bhojshala dispute.
"We have stated in the suit filed last week in a civil court in Dhar that the entire disputed complex is registered property of Waqf (charitable property) originally known as the Jama Masjid. The suit has presented valid legal documents from Madhya Pradesh Gazette, revenue records as well as those from ASI to claim ownership of the entire complex," Ashhar Warsi, lawyer for the Muslim side, told PTI.
The lawsuit states that under Section 4 of the Places of Worship Act, 1991, the religious character of the Mosque as it existed on August 15, 1947, is immutable and must be protected by the court, he added.
"It also states that any restrictions on the Muslim community's 700-year-old tradition of offering namaz constitutes a violation of fundamental religious rights that cannot be compensated by money. The suit also challenges the ASI's scientific survey of the disputed complex," Warsi said.
During last week's hearing on the suit filed in the Dhar civil court, notices were issued to the defendants, including the ASI as well as the Union and MP governments, he said, adding the next hearing on the suit is scheduled for April 10.
The ASI, following the High Court's order, conducted a scientific survey of the disputed complex two years ago and submitted a detailed report.
The ASI's more than 2,000-page report indicates that a massive structure dating back to the reign of the Parmar kings of Dhar predated the mosque and that the current disputed structure was built by reusing parts of ancient temples.
The Hindu community considers Bhojshala to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side terms this possibly 11th monument as mosque.
After the controversy over the historic Dhar complex erupted, the ASI issued an order on April 7, 2003, allowing Hindus to worship at the complex every Tuesday, while Muslims are permitted to offer prayers there every Friday.
