The Madhya Pradesh High Court on Friday held that the Bhojshala-Kamal Maula Mosque complex in Dhar district is a temple dedicated to Goddess Saraswati, as reported by Bar and Bench.
A Bench of Justices Vijay Kumar Shukla and Alok Awasthi quashed a 2003 order of the Archaeological Survey of India (ASI) that had permitted Muslims to offer prayers at the site while also regulating Hindu worship.
“2003 ASI order to the extent restricting the right of Hindus to worship within the Bhojshala complex and also the order permitting prayer by Muslim community are quashed,” the Court ruled, Bar and Bench reported.
The Court observed that the disputed structure is a protected monument but held that its religious character is that of a temple. It further noted that members of the Muslim community may approach the state government for allotment of alternative land for a mosque.
“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 quoted by Bar and Bench.
Relying on historical records, archaeological material and ASI findings, the Court concluded that the site was historically a centre of Sanskrit learning associated with a temple dedicated to Goddess Saraswati.
“There is a constitutional duty even to provide basic amenities to pilgrims, proper maintenance of law and order, the preservation of purity and pristine character of the deity… historical literature establishes the character of the disputed area as a centre of Sanskrit learning along with literature and archeological references indicate the existence of a temple dedicated to Goddess Saraswati,” the Bench observed, as reported by Bar and Bench.
The Court was hearing a batch of petitions seeking restoration of Hindu worship rights at the site and challenging the ASI’s 2003 notification that allowed namaz within the complex.
It said it had considered archaeological and historical evidence, ASI reports and the Supreme Court’s Ayodhya judgment as precedent.
“We have considered the archeological and historical facts, ASI notifications and survey report… and on the basis of the precedent laid down in the Ayodhya case… the court can safely rely on the conclusions of such multi disciplinary studies by the ASI,” the Court stated, as quoted by Bar & Bench.
The Court also observed that the State and Union government must ensure preservation and proper management of the protected monument, while the ASI would continue overall supervision of the site.
One PIL filed by the Hindu Front for Justice sought enforcement of rights under Articles 25 and 29 of the Constitution, along with reinstallation of the idol of Goddess Saraswati, which it claimed was originally established by King Bhoj in 1034 AD.
Petitioners also argued that the mosque structure was built during later rule and incorporated elements of earlier temple structures.
In its 2024 report submitted to the High Court after a court-ordered survey, the ASI stated that several architectural components appeared to have been reused from earlier temples.
“The existing structure was made from the parts of earlier temples… decorated pillars and pilasters… mutilated images of deities,” the ASI report said, as quoted by Bar & Bench.
The Supreme Court, in May 2024, refused to stay the survey but directed that its findings not be acted upon. In January this year, it ordered maintenance of status quo at the site pending final adjudication of the dispute.