The Madhya Pradesh High Court on Friday (May 15, 2026) declared the long-disputed site of the Bhojshala complex and Kamal Maula Mosque in Dhar as a temple of goddess Vagdevi (Saraswati), allowing the Hindu community to worship at the site while rejecting the Muslim community’s claim.
In a 242-page order, Indore division judge Vinay Kumar Shukla and Alok Awasthi dismissed petitions by the Muslim and Jain communities, filed recently, and said Muslim representatives can apply to the Madhya Pradesh government for an alternative plot in Dhar district.
The court struck down a 2003 order by the Archeology Survey of India (ASI) that allowed the Muslim community to offer Friday prayers at the site while restricting the right of Hindus to worship on Tuesdays at the Bhojshala complex and Basant Panchami. The court was inspired by the Ram Janmabhoomi-Babri Masjid verdict in the Ayodhya dispute in 10 principles.
The “disputed area of Bhojshala and Kamal Maula Mosque” is considered a protected monument under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 with effect from 18 March 1904. The religious character of the disputed area is considered to be Bhojshala with a temple of Goddess Vagdevi (Saraswagdevi).
While the Hindu party welcomed the decision, calling it a “historic verdict”, representatives of the Muslim community said they would review the order and challenge it in the Supreme Court.
The court also directed the Union government to try to bring back the idol of Goddess Saraswati from the London Museum as it was brought to the UK in the late 19th century and re-established in the Bhojshala complex.
The court rejected the Muslim party’s argument that the Ailan of August 1935 (official declaration) of the then princely state of Dhar had declared the site a mosque under the provisions of the Government of India Act, 1935. The court noted that the law was invoked only in April 1937, while the validity of the Ailan was rejected.
“In order to safeguard the religious rights of the Muslim community and ensure complete justice between the parties, in case respondent No. 8 makes an application for allotment of suitable land in Dhar district for the construction of a mosque or a place of prayer, the State Government may consider the said application in accordance with law…,” it said.
He also directed the Union Government and the ASI to take governance decisions regarding the affairs of the Bhojshala Temple and Sanskrit learning at the site, while giving the ASI the management and administrative control of the property.
“ASI will have full control over the preservation, conservation and regulation of religious access,” it said.
During the hearing, the Muslim party alleged that the ASI survey report was “biased” and set up a backdoor claim by the Hindu party. The Muslim party claimed that the ASI had ignored historical texts and its own records, that the survey results had “no legal basis”.
While the ASI dismissed the allegations as “baseless”, the court observed, “We find that the survey was conducted using the scientific method in a fair and impartial manner. The presence of the representatives of the petitioners and the respondent is very clearly visible in the video footage.”
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The court also said that the ASI used scientific methods in its survey, including carbon dating and paleography to determine the age and historical period of the structure and XRF stain analysis and compositional testing to examine the building material.
“The findings scientifically supported the conclusions recorded in the report,” it said.
The court order came after the recent day-long hearings that ended on May 12 on the report of a court-ordered scientific survey conducted by the ASI. The court also watched the video recording of the investigation.
The disputed site has long been a point of contention between the Hindu and Muslim communities in the region, while a petition by a representative of the Jain community was filed in March this year. The Hindu party was represented by, among others, the Hindu Front for Justice, the Muslim representation was led by Maulana Kamaluddin Welfare Society of Dhar.
It is an 11th century monument protected by the ASI. Under a 2003 agreement with the ASI, now thrown out by the court, Hindus were allowed to perform puja at the complex every Tuesday, while Muslims offered namaz every Friday.
Published – 15 May 2026 15:26 IST
