Indore, May 15 In a huge win for the Hindu side, the Madhya Pradesh High Court on Friday declared that the disputed Bhojshala complex in Dhar district is a temple dedicated to Goddess Saraswati, and the Centre and ASI can decide on its administration and management.
The HC's Indore bench also quashed the April 7, 2003, order of the Archaeological Survey of India (ASI) that allowed Muslims to offer namaz inside the Bhojshala complex every Friday.
The bench, which was hearing the case, also said the Muslim community, which called the 11th century, ASI-protected monument Kamal Maula Mosque, may approach the state government for allotment of separate land in the district for construction of a mosque.
In its much-awaited verdict in the Bhojshala Temple-Kamal Maula Mosque complex dispute, the court observed that there were indications of a Sanskrit teaching centre and a temple of Goddess Saraswati existing in Bhojshala.
The HC accepted two public interest litigations (PILs) filed by the Hindu community and established the religious nature of the medieval-era monument as a temple dedicated to Goddess Saraswati.
"The religious character of the disputed complex of Bhojshala-Kamal Maula Mosque is established as a temple of Goddess Saraswati," declared a division bench of Justices Vijay Kumar Shukla and Alok Awasthi.
The court, citing the ASI's scientific survey report on the disputed monument and other documents on record, stated that the structure was associated with King Bhoj of the Parmar dynasty, a Rajput kingdom that ruled the Malwa region of present-day central India between the 9th and 14th centuries.
The HC stated that if the Maulana Kamaluddin Welfare Society, a party to the case from the Muslim side, applies for land allotment for the construction of a mosque in Dhar district, the state government can consider it in accordance with legal provisions.
The bench delivered the verdict on five petitions and one writ appeal related to the matter. It began regular hearing in the Bhojshala case on April 6 and reserved its decision on May 12 after submission of arguments from all concerned parties.
The HC heard the sensitive case against the backdrop of differing religious beliefs, historical claims, complexities of legal provisions, and thousands of documents related to the disputed monument.
During the hearing, petitioners from Hindu, Muslim, and Jain communities presented detailed arguments and sought exclusive worship rights for their communities at the monument.
After controversy arose over Bhojshala, the ASI issued an order on April 7, 2003, allowing Hindus to worship at the complex every Tuesday and permitting Muslims to offer namaz at the site every Friday. This was also challenged in the court by the Hindu side, which sought exclusive rights to worship at the complex.
A prominent cleric said the HC verdict will be challenged in the apex court.
Asked about the judgement, Dhar Shahar Qazi or cleric, Waqar Sadiq, told PTI Videos "We have not seen the full judgement. We respect the High Court decision, but will appeal against it in the Supreme Court after going through it."
Nearly 1,200 police personnel were deployed in and around the complex ahead of the HC ruling.
Dhar Collector Rajeev Ranjan Meena warned of strict action against anyone spreading objectionable content on social media, as the administration erected barricades at the site where Friday prayers coincided with the court verdict.
The Hindu community considered Bhojshala to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side called it Kamal Maula Mosque. A petitioner from the Jain community claimed the complex was a medieval Jain temple and gurukul (traditional learning centre).
The ASI, after conducting a scientific survey of the monument in 2024 on a HC order, indicated in its over 2,000-page report 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 using repurposed temple components.
The Hindu side claimed that coins, sculptures, and inscriptions found by the ASI during its scientific survey prove the complex was originally a temple.
However, the Muslim side argued in court that the ASI's survey report was "biased" and prepared to support the claims of the Hindu petitioners.
Refuting this, the ASI told the court the scientific survey process was carried out with the help of experts, including three from the Muslim community.
The HC had ordered the ASI to conduct a scientific survey of the Bhojshala Temple-Kamal Maula Mosque complex on March 11, 2024. The ASI began the survey on March 22 and, after a 98-day survey, submitted its report to the High Court on July 15.
