MP High Court Declares Bhojshala a Vagdevi Temple, Quashes Dual Worship Arrangement
BHOPAL/The Madhya Pradesh High Court on Friday ruled that the disputed Bhojshala-Kamal Maula Mosque complex in Dhar is a temple of Goddess Vagdevi (Saraswati), permitting Hindu worship at the site and rejecting the claims of the Muslim community.
A Division Bench of the Indore High Court comprising Justices Vinay Kumar Shukla and Alok Awasthi, in its landmark ruling, dismissed the pleas of the Muslim and Jain communities and said the Muslim representatives may apply for a suitable alternative land parcel in Dhar district.
The Bench also annulled the Archaeological Survey of India (ASI)’s 2003 directive that allowed members of both communities to worship at the complex, noting that its decision was guided by ten principles evolved in the Supreme Court’s Ram Janmabhoomi-Babri Masjid judgment.
The court observed that the Bhojshala-Kamal Maula Mosque site falls under the protection of the AMASR Act, 1958, with retrospective effect from March 18, 1904, and ruled that the disputed structure is religiously characterised as Bhojshala, a temple of Goddess Saraswati.
The court further directed the Union government to take steps for the return of the idol of Goddess Saraswati from a museum in London, from where it has remained since being taken to the United Kingdom in the late 19th century, and reinstall it at the Bhojshala complex.
Rejecting the Muslim community’s reliance on a 1935 Ailan by the former Dhar State declaring the disputed structure a mosque, the court pointed out that the Government of India Act, 1935, became operational only in April 1937, rendering the proclamation legally untenable.
“To safeguard the religious rights of the Muslim community and ensure complete justice between the parties, the State Government may consider, in accordance with law, any application submitted by respondent No. 8 seeking suitable land in Dhar district for the construction of a mosque or prayer site,” the court said.
The court also directed the Union Government and the ASI to decide on the administration and management of the Bhojshala temple and Sanskrit education activities at the site, while vesting the ASI with overall control of the property’s management and administration.
“The ASI shall have full supervisory control over the preservation, conservation and regulation of religious access,” it said.
During the hearings, the Muslim side had alleged that the ASI survey report was “biased” and prepared to back the Hindu side’s claims. Claiming that the ASI ignored historical texts and its own records, the Muslim side had said that the survey findings “have no legal basis”.
While the ASI rejected the charges as “baseless”, the court noted, “We find that the survey was conducted by adopting a scientific method fairly and impartially.
The court also said that the ASI has used scientific methods in its survey, including carbon dating and palaeography to determine the age and historical period of the structure, and XRF spot analysis and compositional testing to examine the construction material.
“The findings scientifically supported the conclusions recorded in the report,” it said.
The court order follows the recent daily hearings, which concluded on May 12, and is based on a report of a court-ordered scientific survey conducted by the ASI. The court also watched the videography of the survey.
The disputed site has long been an issue of contention between the Hindu and Muslim communities of the region, while the petition from a Jain community representative was filed in March this year. The Hindu side was represented by the Hindu Front For Justice, among others, Maulana Kamaluddin Welfare Society of Dhar was leading the Muslim representation.
The site is an ASI-protected, 11th-century monument. Under an agreement with the ASI in 2003, now impinged by the court, Hindus were allowed to perform puja at the complex every Tuesday, while Muslims offered namaz every Friday.
