The Supreme Court on Monday said it was ready to hear the matter of the Bhojshala-Kamal Maula complex on a day-to-day basis and resolve the issue. The statement comes after Muslim parties’ appeal against the Madhya Pradesh High Court verdict to declare Bhojsala a temple.
However, the court has refused to pass an order for the permission of Namaz at the site, directing the Madhya Pradesh government to make available an open space for Muslims to offer Namaz on Fridays between 1 PM and 3 PM. The court has ordered an open space that is adjacent to the site.
The Madhya Pradesh High Court, on May 15 earlier this year, declared that the disputed Bhojshala Temple-Mosque Complex in Dhar is a temple dedicated to Goddess Saraswati. The move cancels the 2003 Archaeological Survey of India (ASI) order, which allowed Muslims to offer Friday prayers on Bhojshala premises.
Ahead of the order, the ASI will continue to have control over the management of the Bhojshala, but the right to perform religious rituals will remain firmly with the Hindu side.
Furthermore, the court urged the Muslim community to approach the state government for the allotment of separate land in the district for the construction of a mosque.
The bench led by Justice Vijar Kumar Shukla and Justice Alok Awasthi said that there were indications of a Sanskrit teaching center and a temple of Goddess Saraswati in Bhojshala.
The Dispute
The Bhojshala Temple-Mosque Complex dispute encompasses that the Hindu community considered Bhojshala a temple dedicated to Vagdevi built by scholar-king Raja Bhoj and the Muslim side considered that it has been functioning as the Kamal Maula Mosque for centuries.
The court directed the government to initiate formal efforts to bring back the ancient idol of Goddess Saraswati, currently housed at the British Museum in London.
“The Archaeological Survey of India (ASI) shall have full supervisory control over the preservation and conservation. Further relief by the petitioner to bring the idol of goddess Saraswati from the London Museum to establish the same within the Bhojshala complex, the petitioners have made a number of representations before the government, which may consider the representations to bring back the idol,” the bench said.
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.
