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The Indore bench of Madhya Pradesh High Court last week issued notice to the Central and State Governments and the Archaeological Survey of India (ASI) in a writ petition seeking to reclaim the Bhojshala complex located in Madhya Pradesh's Dhar for Hindus and prohibit Muslims from offering Namaz in its premises.

The plea also seeks directions to re-establish the idol of Goddess Saraswati (Vagdevi) which was established by King Bhoj in the year 1034 A.D but taken to London by the Britishers after it was desecrated.

A division bench of Justice Vivek Rusia and Justice Amar Nath Kesharwani admitted the plea and issued notice to ASI, the central government, and the State of Madhya Pradesh.

“It is espousing the cause of Hindu community for enforcement of the right to religion guaranteed under Article 25 and right to conserve cultural heritage under Article 29 of the Constitution of India," the petitioner stated.

The petitioner contended that the Hindu community needs to be allowed to re-establish the Idol of Goddess Saraswati within the Bhojshala complex and re-establish Gurukul education for imparting the Sanskrit language. It is further demanded by the petitioner that the members of the Muslim community should not be allowed to enter the Bhojshala complex.

Petitioner submitted that in the Bhojshala temple complex there is a place for performing ‘Havan’, which is called Havan Kund, which can never be found in any Mosque.

It is further contended that the Hindus perform Havan in ‘Havan Kund’ on every Basant Panchami every year. They cannot perform Havan and other rituals on other days due to the restriction imposed by the Director, ASI as per the order dated April 7, 2003.

The PIL challenges the ASI order dated April 7, 2003, which allowed Muslims to offer namaz within the Bhojshala complex, and restricted the right of Hindus to worship within the premises. The petitioner has further alleged that the ASI allowed Muslims to offer prayers within the temple complex on the ‘erroneous plea’ that the Muslim rulers had constructed Kamal Maula Mosque at the site mentioned above.

It is also submitted that petitioners are asserting their rights to re-establish the Idol of Goddess Vagdevi i.e. Maa Saraswati to have darshan and pooja of the deity within the temple complex situated in the town Dhar, which is being prevented by the respondents and is an infringement of Article 25 of the Constitution of India.

It was further submitted that it is the duty of every citizen of the country including the petitioners to preserve and protect the ancient culture, scriptures, Sanskrit language, astronomy, astrology, and ancient ethos due to which India was considered “Vishwa Guru”.

In the plea, it has also been claimed that as per the petitioner's knowledge, there is an idol of Lord Hanuman within the Bhojshala complex that is lying beneath the floor and the true fact will come out after the excavation of the floor.

"As it is the duty of ASI to recover every idol and ancient monument lying in the building. It is prayed to the Hon’ble Court in the interest of justice to issue necessary directions to ASI," the plea states.

Case Title: Hindu Front for Justice & Ors. v. Union of India & Ors.