Introduction
An appeal has been lodged in the Supreme Court of India contesting a recent decision by the Madhya Pradesh High Court. On May 15, the High Court declared the Bhojshala-Kamal Maula Mosque complex in Dhar as a Hindu temple, a ruling that has now been challenged by Qazi Moinuddin.
High Court’s Verdict
The Madhya Pradesh High Court, in its judgment, recognized the site as a protected monument, asserting its religious identity as ‘Bhojshala with a temple of Goddess Saraswati’. The court’s decision was based on historical literature and archaeological evidence, which suggested that the location was a significant center for Sanskrit learning and worship dedicated to Goddess Saraswati. The court relied on precedents such as the Supreme Court’s Ayodhya verdict to reach this conclusion.
Impact on the Archeological Survey of India Order
In light of its findings, the Bench consisting of Justices Vijay Kumar Shukla and Alok Awasthi annulled a 2003 order by the Archeological Survey of India (ASI) that had permitted Muslims to conduct prayers at the site. The High Court suggested that Muslims apply to the state for an alternative mosque site. Furthermore, the Government of India and the ASI were tasked with managing the temple’s administration, with ASI maintaining oversight of the property.
Petitioners’ Arguments
The case initially arose from a series of petitions, including a Public Interest Litigation by the Hindu Front for Justice. The petitions contested an ASI notification from April 7, 2003, which allowed Muslim prayers at the Bhojshala complex, thus allegedly restricting Hindu worship. The Hindu Front for Justice argued that this was a violation of rights under Articles 25 and 29 of the Indian Constitution, which protect religious freedom and cultural heritage conservation, respectively.
Contention Over Goddess Saraswati’s Idol
Petitioners also urged the reinstatement of the idol of Goddess Saraswati, allegedly established by King Bhoj in 1034 A.D. but later removed to London by British authorities. This demand is to be considered by the Government of India as a formal representation.
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Archeological Survey and High Court Inspection
In 2024, a High Court order prompted the ASI to survey the complex. The ASI’s investigation revealed that the current structure was built using remnants of earlier temples. The High Court conducted a site inspection before issuing its ruling.
