BHOPAL: The Indore bench of the Madhya Pradesh High Court on Tuesday reserved its order in the Bhojshala case after concluding arguments from all parties on the religious nature of the disputed Bhojshala Mosque-Kamal Maula temple complex in Dhar.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi heard the arguments for 36 days before reserving the matter. They were hearing the case on a daily basis starting April 6.
The dispute concerns the religious nature of the Bhojshala Complex, an archaeological survey of a protected monument in India in the Dhar region. The Hindu litigants claimed that it was originally a temple of Goddess Vagdevi or Saraswati while the Muslims claimed that it was a mosque. One of the Jain petitioners claimed that the disputed structure was a Jain temple.
The court had earlier directed the parties to file objections, suggestions and recommendations on the 2,200-page Archaeological Survey of India (ASI) report prepared after a scientific survey of the 11th century site conducted between March and June 2024.
According to the report, the monument was built using the remains of previous temples, and the current mosque structure appeared centuries later.
Advocates on the Hindu side, Vishnu Shankar Jain, Vinay Joshi and petitioner Ashish Goyal, argued that the Bhojshala is essentially a temple and sought exclusive Hindu rights to worship at the site. Referring to the 1904 ASI report that identified Vagdevi’s idol, currently in the British Museum, they argued that the structure lacked the essential features of a mosque.
“The site lacks essential features of a mosque like wazukhanas, minarets or foundation niches. We want exclusive Hindu rights to worship under Article 25, stop prayers at the site, constitute a trust to manage Bhoshala, return and install Vagdevi idol, and repeal the 2003 ASI order restricting daily worship,” the Hindu side submitted.
The Muslim side, represented by prominent advocates Shobha Menon and Salman Khurshid along with advocate Tauseef Warsi, objected to the results and methodology of the ASI survey. They argued that the religious character of Bhojshala has not been conclusively proven and said that there is no sacred deity or ‘Pran Pratishtha’ at the site.
“In the case of Ayodhya, an idol of Ram Lala Virajman was present, while no such idol was installed in Bhojshala. Historically, Bhojshala was recognized as the Kamal Mula Mosque, where prayers were regularly held,” Khurshid said.
The Muslim side also alleged lack of transparency in the survey process, citing blurry videography, absence of carbon dating and omission of the Gautam Buddha statue that was allegedly found during the survey. She further alleged that outdated methods were used and raised platforms were removed despite the court’s directions.
Accusing the petitioners of abusing the PIL process, Menon said the dispute should be decided through a civil suit instead of filing a writ petition before the Supreme Court.
On the last day of the hearing, Additional Solicitor General Sunil Kumar Jain, representing the ISI, refuted the Muslim side’s argument that the IEA report was “biased”. “There is no doubt about any bias on the part of ASI towards any community,” ASG was quoted as saying by PTI.
ASI confirms that Bhojshala was originally a temple built during the Parmar era in the 12th century. Pointing out the inscriptions, sculptural fragments and architectural remains, the ASI said the current structure was constructed using parts of earlier temples and is a protected monument of national importance.
“Based on scientific investigations, surveys, archaeological excavations carried out, study and analysis of the finds recovered, study of architectural remains, sculptures, inscriptions, art and carvings, it can be said that the present structure is made of parts of earlier temples,” ASI submitted.
The Hindu Front for Justice had moved the court in 2022 seeking a scientific survey to determine the religious character of Bhojshala. Based on the petition, the high court ordered the ASI survey to be conducted on March 11, 2024, following which the agency conducted the exercise between March 22 and June 30 at the one-acre site.
The Bhoshala-Kamal Maula Mosque complex was declared a monument of national importance in 1951 under the Ancient and Historic Monuments, Archaeological Sites and Monuments (Declaration of National Importance) Act, 1951.
The Jain community also claimed the site, asserting that the Bhojshala was originally an 11th-century Jain temple and Gurukul, and identifying Vagdevi’s idol as the Jain Yakshini Ambika.
