- Bhojshala Temple-Kamal Maula Mosque complex was on Friday declared a temple by Madhya Pradesh High Court
- Court cancelled 2003 ASI order allowing Muslim Friday prayers at Bhojshala premises
- Hindus retain right to perform rituals; ASI to maintain site management and preservation
The disupted Bhojshala Temple-Kamal Maula Mosque Complex in Dhar is a temple dedicated to Goddess Saraswati, declared the Madhya Pradesh High Court on Friday, cancelling the 2003 Archaeological Survey of India (ASI) order which allowed Muslims to offer Friday prayers on Bhojshala premises.
While the ASI will continue to maintain control over the management of the Bhojshala, the actual right to perform religious rituals remains firmly with the Hindu side.
The court urged the Muslim community to approach the state government for allotment of separate land in the district for construction of a mosque.
In its verdict, the bench of Justices Vijay Kumar Shukla and Justice Alok Awasthi observed that there were indications of a Sanskrit teaching centre and a temple of Goddess Saraswati in Bhojshala.
"We have noted continuity of Hindu worship at the site here has never been extinguished. We record findings that historical literature places establish the character of the dispute area was Bhojshala as centre of Sanskrit learning associated with Raja Bhoj of parmar dynasty," the court said.
Read | Bhojshala: From A Temple Of Knowledge To A Theatre Of Conflict
The Hindu community considers Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati) and built by scholar-king Raja Bhoj, while the Muslim side maintains that the site has functioned as the Kamal Maula Mosque for centuries.
The court has directed the government to make formal efforts to repatriate the ancient idol of Goddess Saraswati currently housed in the British Museum in London.
This statue was originally installed by King Bhoj of the Parmar dynasty between 1010 and 1055 AD when the site served as a renowned centre for learning.
"The Archaeological Survey of India (ASI) shall have full supervisory control over the preservation and conservation. Further relief claim by the petitioner to bring the idol of goddess Saraswati from the London Museum to establish same within Bhojshala complex, the petitioners have made number of representation before the Government, which may consider the representations to bring back the idol," the bench said.
After hearing all the parties against the backdrop of differing religious beliefs, historical claims, complex legal provisions, and thousands of documents related to the disputed monument, the bench had reserved its decision on May 12.
Under the 2003 ASI arrangement, Hindus and Muslims continue to pray on Tuesdays and Fridays, respectively.
The Hindu side challenged the order in the high court, seeking exclusive rights to worship at the complex.
The high court had ordered the ASI to conduct a scientific survey of the Bhojshala Temple-Kamal Maula Mosque complex on March 11, 2024.
The ASI began the survey on March 22 that year and, after a detailed 98-day survey, submitted its report to the court.
The ASI, in its over 2,000-page report, indicated 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 Hindu side claims coins, sculptures, and inscriptions found by the ASI during its scientific survey prove the complex was originally a temple.
However, the Muslim side has argued in court that the ASI's survey report was "biased" and prepared to support the claims of the Hindu petitioners.
