The Madhya Pradesh High Court on Tuesday heard fresh arguments in the long-running dispute over the Bhojshala complex in Dhar, with the Muslim side asserting that a 1935 ruling by the erstwhile Dhar State court identified the site as a mosque.
Appearing before the Indore bench of Justices Vijay Kumar Shukla and Alok Awasthi, senior advocate Shobha Menon presented submissions on behalf of applicants from the Muslim community, including Munir Ahmed and others. She referred to a document described as an “Ailaan” issued on August 24, 1935, which she argued formally recognised the structure as a mosque and permitted the continuation of namaz there.
The Bhojshala complex, an 11th-century monument currently under the protection of the Archaeological Survey of India (ASI), has long been at the centre of competing claims. Hindu groups maintain that it is a temple dedicated to Goddess Saraswati, while Muslim parties identify it as the Kamal Maula Mosque.
Menon also challenged the maintainability of two public interest litigations filed by individuals and an organisation seeking exclusive worship rights for Hindus at the site. She argued that the matter does not qualify as a broad public interest issue but is instead a dispute concerning specific religious communities.
During her arguments, Menon highlighted what she described as inconsistencies in the positions taken over time by the Madhya Pradesh government and the ASI regarding the character of the monument. Such shifting stands, she contended, undermine legal certainty and are contrary to the expectation that state authorities maintain a consistent approach.
She urged the court to assess the dispute through a legal lens rather than a purely religious one.
The case, which involves multiple petitions and a writ appeal challenging the religious status of the site, has been under regular hearing since early April. Proceedings are set to continue on Wednesday.
