The Madhya Pradesh High Court settled the dispute between the Hojshala Mosque and Kamal Maula on Friday, May 15, declaring that the historic site at Bhojshala is a temple dedicated to Goddess Saraswati. The court also asked the government to consider allotting alternative land to the Muslim party.
Advocate Vishnu Shankar Jain said the court “gave a historic verdict, partly setting aside the ASI’s April 7, 2003 order.”
He added that the Supreme Court had granted the Hindu party the right to worship and recognized the Bhojshala complex as part of Raja Bhoj.
Bhojshala-Kamal Maula Masjid Controversy EXPLAINED
Bhojshala is an 11th century monument protected by the Archaeological Survey of India. According to the Live Law, the site was considered a temple of Goddess Saraswati (Vegdevi) by the Hindu community and a mosque by the Muslim community.
In 2003, the ASI made an agreement whereby the Hindu community was allowed to perform puja on Tuesdays while the Muslim community was allowed to offer namaz on Fridays, the report added.
Several petitions have been filed regarding the religious and historical character of the site.
One of the first petitions sought to get the seat back for the Hindu community while seeking restrictions against the Muslim community in offering namaz.
Following this, the apex court reportedly ordered a scientific survey of the site. On appeal by the Muslim Community, the Supreme Court stayed the order temporarily.
Later, the Supreme Court set a time-bound process to unseal the survey report, provide copies to the parties and consider their objections at the final hearing, Live Law argued.
In accordance with the resolution, this proceeding was commenced at the High Court on April 6.
The High Court directed the ASI to upload the video recording of the survey on a digital platform and provide access to the parties.
Reign of King Bhoji or Khilji period? Who claimed what
Counsel for the petitioners belonging to the Hindu community argued that Bhojshala was originally a temple, dating back to the reign of King Bhoja, dedicated to Goddess Saraswati.
They argued that the present structure bears archaeological, historical and inscriptional evidence of a pre-existing Hindu religious site.
However, the counsel for the Muslim community parties argued that the historical records of the Khilji period and contemporary reports do not mention the destruction of any Saraswati temple in Dhar.
The counsel also referred to the validity of the 1935 Alaan issued by the former ruler of Dhar, which under the Live Law allows the Muslim community to offer namaz at the site.
The government counsel argued that the Alaan of 1935 was invalid as the site had already been declared protected under the Ancient Monuments Act of 1904. Subsequently, under the Ancient Monuments and Archaeological Sites and Remains Act of 1958, the ASI acted as the administrator and custodian of the site.
Legal representatives of the parties belonging to the Jain Community sought the right to offer prayers and claimed that the idol found in the British Museum belonged to the Jain goddess Ambika. The consultant claimed that the site bears similar architectural features to the temples at Mount Abu.
What did the HC decide on May 15?
A bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi quoted Live Law as saying, “We note the continuity of Hindu worship at the site, albeit regulated overtime… We note the finding that the historical literature of the site establishes itself as a center of Sanskrit learning associated with Raja Bhoj.”
“It indicates the existence of a temple dedicated to Goddess Sarawsati at Dhar… Therefore, the religious character of the area is considered to be Bhojshala with a temple of Goddess Vagdevi Saraswati,” the bench added.
The court directed the Center and the ASI to take a decision on the administration and management of the Bhojshala temple and the teaching of Sanskrit in the property. ASI will continue to have overall asset management.
HC partially quashes ASI’s order
The Madhya Pradesh High Court also struck down an order passed by the Archaeological Survey of India (ASI) in 2003 that restricted the rights of Hindus to worship at the complex and allowed the Muslim community to offer namaz there, Live Law reported.
“The earlier ASI order granting the right to offer Namaz (prayers) has been completely set aside; henceforth only Hindu worship will be held there…,” said advocate Vishnu Shankar.
On the religious rights of the Muslim community
To ensure the religious rights of the Muslim community, the Supreme Court has allowed them to file an application for allotment of suitable land in Dhar district for the construction of a mosque, Live Law said.
“If such an application is made, the state can consider the application according to law,” the court said.
