In the latest development in the Bhojshala-Kamal Maula mosque, the dispute has now reached the Supreme Court ahead of the latest High Court judgment.
The High Court, in its verdict, declared the disputed site a temple and prohibited the offering of Friday namaz. As per the reports of LiveLaw, the special leave petition was filed by the caretaker of the Kamal Maula Mosque, Qazi Moinuddin, against the May 15 verdict.
Challenging the verdict, the Muslim side said that the High Court ruling violates the Places of Worship Act, 1991. Meanwhile, the Hindu parties expected that the verdict could be challenged, and they had already asked the Supreme Court to ensure no decision was taken without hearing their side.
The Bhojshala-Kamal Maula Case
The Bhojshala-Kamal Maula case has been one of the most sensitive cases in Madhya Pradesh, with the religious battle that ran for years. The Hindu side considers Bhojshala to be an ancient temple of Goddess Saraswati, while Muslims say that the structure is the Kamal Maula mosque.
In the recent judgment, the Madhya Pradesh High Court said that the site was that of the Bhojshala temple and prohibited the practices of Muslims.
“The disputed area of the Bhojshala complex and Kamal Maula Mosque is held to be a protected monument. The religious character of the disputed area of the Bhojshala complex and Kamal Maula Mosque is held to be Bhojshala with a temple of Goddess Saraswati,” the court said, as the Bench and Bar reported.
“The historical literature of the place establishes it as a center of Sanskrit learning associated with Raja Bhoj,” the bench added.
The High Court also struck down a 2003 Archaeological Survey of India (ASI) arrangement that allowed Hindus to perform puja on Tuesdays and Muslims to offer Friday namaz at the monument.
With the cancellation of the arrangement, the practice of offering weekly Friday prayers at the complex has come to an end.
The High Court also set aside a 2003 Archaeological Survey of India (ASI) arrangement that allowed Hindus to perform puja on Tuesdays and Muslims to offer Friday namaz at the monument. With this order being cancelled, the practice of holding weekly Friday prayers at the complex has now come to an end.
The History of the Case
The disputes date back to competing claims over the 11th-century structure in Dhar, where the Hindus regard the site as an ancient Saraswati temple, while Muslims consider it the Kamal Maula Mosque.
Following this, the round of litigation occurred, seeking petitions for exclusive Hindu worship rights and restrictions on namaz on the premises. Amidst the dispute, the High Court also ordered an ASI survey of the monument.
The present round of litigation stemmed from multiple petitions seeking exclusive Hindu worship rights and restrictions on namaz at the site. During the proceedings, the High Court had also ordered a scientific ASI survey of the monument. The Supreme Court briefly reviewed the survey process before ordering a fixed timeline for submission of the report and objections from all parties.
