Bhojshala Dispute: Madhya Pradesh High Court Allows Interventions, Proposes Site Visit Before Hearing

The Indore Bench of the Madhya Pradesh High Court on Monday took up the long-pending Bhojshala dispute in Dhar district and proposed a visit to the disputed monument before the next date of hearing, while also allowing multiple intervention applications filed in the matter.

The case was heard by a division bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi. During the proceedings, the bench took up various applications connected with the ongoing litigation surrounding the Bhojshala complex, a protected monument maintained by the Archaeological Survey of India.

The Bhojshala site has for decades been at the centre of competing claims by Hindu and Muslim groups. Hindus regard the monument as the ancient temple of Maa Vagdevi Saraswati, while Muslims identify the structure as the Kamal Maula mosque.

The matter has progressed significantly after the High court earlier directed the Archaeological Survey of India to undertake a comprehensive scientific survey of the entire complex using modern and non-invasive techniques. The survey exercise continued for nearly ninety-eight days and aimed to examine the historical and structural aspects of the monument.

Following the completion of the survey, the ASI submitted its final report before the High court in a sealed cover. Subsequently, pursuant to directions issued by the Supreme Court of India, copies of the report were supplied to all parties involved in the litigation to enable them to examine the findings and place their responses before the court.

The Supreme Court had earlier clarified that the High court would consider the objections of the parties after providing them copies of the survey report and granting them time to submit their opinions, suggestions and recommendations. The Supreme Court also directed that until the writ petition is finally decided, the parties must maintain status quo with respect to any alteration in the character of the Bhojshala Saraswati Temple-cum-Kamal Maula Mosque.

During Monday’s hearing, the High court took note of objections raised by various stakeholders regarding the contents of the ASI survey report and indicated that these issues would be examined in detail in the course of future hearings.

The court also allowed all intervention applications filed in connection with the dispute. The intervenors were granted the right of audience before the court and were permitted to place documents on record. Allowing the intervention applications effectively expands the pool of stakeholders participating in the proceedings and enables additional parties to present their views on issues relating to the monument.

During the hearing, the bench further indicated that it may undertake a visit to the Bhojshala site before the next date of hearing in order to obtain a clearer understanding of the monument and its surroundings.

The High court thereafter fixed April 2 as the next date of hearing in the matter. The bench directed all parties to remain present before the court on that date in view of the directions issued earlier by the Supreme Court concerning the proceedings.

“The parties shall remain present on the next date of hearing,” the bench observed while noting that further hearings would proceed in accordance with the framework laid down by the Supreme Court.

The court also indicated that beginning from the next date, a series of hearings would be scheduled to consider the issues raised in the dispute.

Several petitions concerning the religious nature and management of the monument are currently pending before the High court. One of the principal petitions has been filed by the Hindu Front for Justice seeking a declaration regarding the religious character of the site, while another petition has been filed by the Kamal Maulana Welfare Society.

At present, the Bhojshala complex functions under an arrangement originally issued by the Director General of the Archaeological Survey of India in 2003, under which Hindus are permitted to perform puja on Tuesdays and Muslims are allowed to offer namaz on Fridays.

The hearing will now begin on April 2, 2026.

Case Title: Kazi Zakullah v. The State of Madhya Pradesh and connected matters

Date of Hearing: March 16, 2026

Bench: Justice Vijay Kumar Shukla and Justice Alok Awasthi