New Delhi: The Madhya Pradesh High Court Friday declared the disputed Bhojshala-Kamal Maula Mosque complex in Dhar district a temple of Hindu goddess Saraswati, quashing a 2003 Archaeological Survey of India order that had allowed shared worship at the site.
“The religious character of the area is held to be Bhojshala with the temple of goddess Vagdevi Saraswati,” the bench of Justices Vijay Kumar Shukla and Alok Awasthi ruled.
The HC also asked the state government to consider applications for allotting separate land in the district for a mosque.
As the dispute over the Bhojshala complex erupted, the ASI issued an order on 7 April, 2003, permitting Hindus to worship at the site every Tuesday, and Muslims to offer namaz every Friday. The Hindu side challenged the ASI’s order in the High Court, seeking exclusive rights to worship at the site.
On Friday, the HC court reaffirmed the site’s status as an ASI-protected monument, directing the agency to continue its preservation role under the ASI Act, 1958. The Union government and ASI were ordered to “take a decision for the purpose of the administration and management of the affairs of the Bhojshala temple”. The court added that “ASI will continue to have overall management and administration of the property” in accordance with the law.
The dispute centres on an 11th-century structure that Hindus regard as a temple dedicated to Vagdevi (Goddess Saraswati) and Muslims call the Kamal Maula Mosque.
An ASI survey—documented in a report of over 2,000 pages—had found that a massive structure dating to the reign of the Parmar kings of Dhar predated the mosque, and that the current structure was built using repurposed temple components.
Recording findings that “historical literature establishes the character of the disputed area of Sanskrit learning associated with Raja Bhoj of the Parmar dynasty and the literature and archaeological references indicate the existence of a temple dedicated to goddess saraswati”, the court also held that the “continuity of Hindu worship at the site was never extinguished”.
In its order, the court invoked constitutional obligations of the State.
“Every government has the constitutional obligation to ensure preservation and protection of not only ancient monuments and its structure including temples of historical and archaeological importance but also of sanctum sanctorum and the deities of spiritual importance. Constitutional duty extends to providing basic amenities to pilgrims and proper maintenance of law and order, preserving the purity and pristine character of deity,” the bench said.
The court also took note of representations made by Hindu petitioners to the Union government, seeking the return of an idol of goddess Saraswati from a London museum, and directed it to consider such applications.
(Edited by Prerna Madan)
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