Muslim Side Approaches Supreme Court Against High Court Declaring Bhojshala A Saraswati Temple

The dispute over the Bhojshala-Kamal Maula Mosque complex in Madhya Pradesh's Dhar has now reached the Supreme Court, with the Muslim side challenging a recent Madhya Pradesh High Court verdict declaring that the religious character of the disputed Bhojshala-Kamal Maula Mosque complex is that of Bhojshala, a temple dedicated to Goddess Vagdevi Saraswati, while directing the Archaeological Survey of India to continue supervising and managing the protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

The SLP before Supreme Court has been filed by Qazi Moinuddin, mosque's caretaker and one of the intervenors in the case, against the May 15 judgment delivered by the Indore bench of the Madhya Pradesh High Court.

Indore Bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi had allowed petitions filed by Hindu Front for Justice and others, holding that the continuity of Hindu worship at the site had never been extinguished. The court also set aside portions of the April 7, 2003 ASI order that restricted Hindu worship within the complex while permitting namaz by the Muslim community on Fridays.

The Bench observed that archaeological interpretation necessarily involved multidisciplinary and transdisciplinary approaches and that courts could safely rely upon conclusions derived through scientific archaeological studies undertaken by the ASI.Referring to the constitutional framework under Articles 25 and 26, the court held that governments carry an obligation to preserve monuments, temples, deities and sanctum sanctorum of archaeological and historical importance while also ensuring law and order and maintaining the pristine character of such places.

“We have noted the continuity of Hindu worship at the site through regulated practices over time has never been extinguished,” the court said while recording findings that historical literature established Bhojshala as a centre of Sanskrit learning associated with Raja Bhoj of the Paramar dynasty. The Bench further held that literary and architectural references indicated the existence of a temple dedicated to Goddess Saraswati at Dhar.

The court ruled that the disputed Bhojshala-Kamal Maula Mosque complex is a protected monument under the 1958 Act with effect from 18.03.1904 and held that its religious character is that of Bhojshala containing a temple of Goddess Vagdevi Saraswati. It further directed the Union government and ASI to take decisions regarding administration and management of Bhojshala temple and Sanskrit learning activities within the disputed property, while clarifying that ASI would continue exercising overall supervisory control over preservation and conservation.

The Bench also addressed claims concerning the Saraswati idol believed to be housed in a London museum. Recording that representations had already been submitted by certain petitioners seeking return of the idol, the court directed the Union government to consider those representations for bringing back the idol and reinstalling it within the Bhojshala complex.

At the same time, the High Court sought to balance competing religious interests by safeguarding rights of the Muslim community. The court observed that if respondent parties representing the Muslim side submit an application seeking allotment of suitable land for construction of a mosque or prayer space within Dhar district, the state government shall consider such a request in accordance with law and facilitate allotment of suitable permanent land for a mosque and related facilities.