Madhya Pradesh HC declares Bhojshala-Kamal Maula mosque complex as temple
What's the story
The Madhya Pradesh High Court has declared the Bhojshala-Kamal Maula mosque complex in Dhar district a temple. The bench of Justices Vijay Kumar Shukla and Alok Awasthi quashed an earlier order that allowed Muslims to pray at the site, stressing that its religious character is that of a temple dedicated to Goddess Saraswati. "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," it said.
Evidence review
Court relied on historical literature, archeological evidence
The court's decision was based on historical literature and archeological evidence. It noted that the site has been a center of Sanskrit learning and worship of Goddess Saraswati. "We record finding that historical literature establishes the character of the disputed area as a center of Sanskrit learning along with literature and archeological references indicate the existence of a temple dedicated to Goddess Saraswati," the bench ruled.
Management directive
ASI to manage temple affairs
The court ruled that the construction has the religious character of a temple, and Muslims may seek an alternate site for a mosque. The court has directed the Government of India and the Archaeological Survey of India (ASI) to manage the temple's affairs. It added that the ASI will continue to oversee the property. This decision comes after Justice Shukla visited the disputed site on March 24 for a first-hand assessment of its layout.
Legal challenge
What are petitions challenging mosque's status?
The court issued the order in response to a series of petitions seeking to reclaim the Bhojshala complex for Hindus while prohibiting Muslims from offering namaaz on its premises. The petitions challenged an ASI notification from April 7, 2003, which allowed Muslims to pray at the site and restricted Hindus's worship rights. The Hindu Front for Justice filed a PIL seeking enforcement of religious rights under Articles 25 and 29 of the Constitution.
Survey findings
Plea sought re-establishment of Goddess Saraswati's idol
It stated that it is "espousing the cause of Hindu community for enforcement of right to religion guaranteed under Article 25 and right to conserve cultural heritage under Article 29." The plea sought re-establishment of Goddess Saraswati's idol, originally established by King Bhoj in 1034 AD but later desecrated by Britishers. The petitioners further claimed that ASI allowed Muslims to offer prayers within the complex on their "illegal demand...that Muslim rulers had constructed Kamal Maula Mosque at the said place."
ASI
Supreme Court refused to stay survey
In 2024, the ASI reported that the existing structure at the Bhojshala complex was made from parts of earlier temples following an order by the high court to conduct a survey. The Supreme Court refused to stay this survey in May 2024 but said its outcome couldn't be acted upon till further orders. In January this year, it ordered a status quo at the site till adjudication of the dispute.