The Madhya Pradesh High Court on Friday declared that the disputed Bhojshala Temple-Mosque Complex in Dhar is a temple dedicated to Goddess Saraswati. The move cancels the 2003 Archeological 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 Justices 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.
“We have noted the continuity of Hindu worship at the site here has never been extinguished. We record findings that historical literature places establish the character of the disputed area as Bhojshala as the center of Sanskrit learning associated with Raja Bhoj of the Parmar dynasty,” the court said.
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 Hearing
Following extensive hearings involving rival religious claims, historical records, intricate legal provisions, and thousands of documents concerning the disputed monument, the bench reserved its judgment on May 12.
The Hindu side challenged the order in the high court, wanting exclusive rights to worship at the complex. Ahead of this, the high court ordered the ASI to conduct a scientific survey of the Bhojshala Temple-Kamal Maula Mosque complex on March 11, 2024.
