Madhya Pradesh High Court Recognizes Bhojshala Complex as Temple

The Indore bench of the Madhya Pradesh High Court on Friday recognised the disputed Bhojshala-Kamal Maula Mosque complex in Dhar district as a temple dedicated to Goddess Saraswati, directing the Centre and ASI to decide on its administration and management.

The high court also quashed the April 7, 2003, order of the Archaeological Survey of India (ASI), which allowed namaz inside the Bhojshala complex every Friday.

A division bench of justices Vijay Kumar Shukla and Alok Awasthi said that the representatives of Kamal Maula Mosque may approach the state government for allotment of separate land in the district for constructing a mosque.

In its judgement, the court observed that there were indications of a Sanskrit teaching centre and a temple of Goddess Saraswati existing in Bhojshala. The high court delivered the verdict on five petitions and one writ appeal related to the matter.

"The religious character of the disputed complex of Bhojshala-Kamal Maula Mosque is established as a temple of Goddess Saraswati," declared the bench.

The court, citing ASI's scientific survey report and other documents on record, stated that the structure was associated with King Bhoj of the Parmar dynasty, a Rajput kingdom that ruled the Malwa region of present-day central India between the 9th and 14th centuries.

ASI, after conducting a scientific survey of the 11th century monument in 2024 on a HC order, indicated in its over 2,000-page report that a massive structure dating back to the reign of the Parmar kings of Dhar predated the mosque, and that the current disputed structure was built using repurposed temple components.

The petitioners claimed that coins, sculptures and inscriptions found by ASI during its scientific survey prove that the complex was originally a temple. However, the mosque representatives argued that ASI's survey report was 'biased' and prepared to support the claims of the petitioners.

The court held that if the Maulana Kamaluddin Welfare Society, a party to the case, applies for land allotment for the construction of a mosque in Dhar district, the state government can consider it in accordance with legal provisions.

The high court began regular hearing in the case on April 6 and reserved its decision on May 12 after submission of arguments from all concerned parties.

After controversy arose over Bhojshala, ASI issued an order on April 7, 2003, allowing puja every Tuesday and namaz every Friday. This was also challenged in the court by petitioners, who sought exclusive worship rights at the complex.

With mosque representatives planning to approach the Supreme Court, a temple petitioner - Jitendra Singh 'Vishen' through advocate Barun Kumar Sinha - has filed a caveat in SC, saying no orders be passed without hearing it on any appeal against the Madhya Pradesh High Court order in the Bhojshala complex dispute case.

"Let no order be made in the above matter without notice to the undersigned," the caveat said. Vishen was the sixth petitioner in the matter in which the high court passed the judgement on Friday.