The Madhya Pradesh High Court on Friday ruled that Bhojshala-Kamal Maula Mosque complex in Dhar district is a temple dedicated to Goddess Saraswati
Delivering its judgment in the long-pending dispute, a division bench comprising Justices Vijay Kumar Shukla and Alok Awasthi stated in its 248-page order, “We record the finding that historical literature placed established that the character of the disputed area was Bhojshala as a Centre of Sanskrit learning associated with Parmar dynasty king Raja Bhoj and the literature and architectural reference, including those connected with Raja Bhoj period indicate the existence of temple dedicated to the Goddess Saraswati at Dhar.”
Allowing petitions filed by the Hindu Front for Justice and Kuldeep Tiwari and others, the court said, “The disputed area of Bhojshala and Kamal Maula Mosque is held to be protected monument under The Ancient Monuments and Archaeological Sites and Remains Act, 1958 with effect from March 18, 1904. The religious character of the disputed area of the complex is held to be a Bhojshala with a temple of Goddess Vagdevi (Saraswati).”
The court also quashed portions of the April 7, 2003 order of the Archaeological Survey of India (ASI) that restricted Hindu worship rights within the complex while permitting prayers by the Muslim community.
The bench said the ASI would continue to manage and administer the protected monument under the 1958 Act. “The ASI shall have full supervisory control over the preservation, conservation and regulation of religious access."
On the Hindu side’s demand to bring back the idol of Goddess Saraswati from a museum in London, the court said, “The petitioners have already made a number of representations to the central government. The Government of India may consider their representations to bring back the idol of Goddess Saraswati from the London Museum and re-establish the same within the complex (Bhojshala complex) in Dhar.”
The High Court also directed that if the Muslim side applies for land in Dhar district for construction of a mosque or place of prayer, the state government may consider the request in accordance with law.
The case relates to the ASI-protected Bhojshala-Kamal Maula Mosque complex in Dhar district, where Hindus have claimed the site as an 11th-century Saraswati temple built during the rule of Raja Bhoj, while Muslims have considered it the Kamal Maula Mosque built between the 13th and 14th centuries.
In 2003, the ASI allowed Hindus to offer prayers every Tuesday and on Basant Panchami, while Muslims were permitted to offer prayers every Friday.
The High Court had ordered a scientific survey of the site in March 2024 on a petition filed by the Hindu Front for Justice seeking exclusive worship rights. In its report submitted in July 2024, the ASI told the court that a massive structure dating back to the Parmar kings existed at the site and that the current structure was built from temple remains.
Reacting to the ruling, AIMIM chief Asaduddin Owaisi on Friday hoped that the Supreme Court would overturn the Madhya Pradesh High Court order.
"We hope the Supreme Court will set this right and overturn this order. Glaring similarities with the Babri Masjid judgment," he said in a post on 'X'.