BREAKING | MP High Court Declares Bhojshala A Saraswati Temple, Directs State To Consider Alternate Mosque Land
Bhojshala Kamal-Maula Mosque | MP High Court Says Hindu Worship Rights Never Extinguished At Disputed Complex
The Madhya Pradesh High Court on Friday declared that the religious character of the disputed Bhojshala-Kamal Maula Mosque complex at Dhar 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.
Pronouncing the operative portion of the judgment, the Indore Bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi 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.
The Bench dismissed petitions filed by Salek Chand Jain as well as connected appeals, while disposing of another plea seeking regulation of use of the disputed site to avoid communal conflict. The court noted that those concerns no longer survived after determination of the site’s religious character.
Before reading the operative directions, the judges recorded appreciation for all counsel appearing in the sensitive matter, including Senior Advocates Salman Khurshid and Shobha Menon, Advocate General Prashant Singh and Additional Solicitor General Sunil Kumar Jain, stating that arguments were advanced with “dignity, restraint, and in a congenial and harmonious atmosphere,” reflecting the finest traditions of the legal profession.
During the prolonged hearings, the ASI had defended its excavation and survey, asserting that inscriptions, sculptures, architectural remains and stylistic studies pointed towards a temple structure beneath later additions. The Muslim side, led by Advocate Salman Khurshid, had opposed the findings, questioned the evidentiary value of the survey and argued that the dispute was barred under the Places of Worship Act, 1991 and involved historical claims.
Case Title: Hindu Front for Justice (Regd. Trust No. 976) Through its President Ms. Ranjana Agnihotri v. Union of India Ministry of Culture and other connected matters
Pronouncement of Judgment: May 15, 2026
Bench: Justice Vijay Kumar Shukla and Justice Alok Awasthi