Madhya Pradesh High Court declares Bhojshala-Kamal Maula mosque complex as temple

In a judgment which could have significant bearing on disputed religious sites, the Madhya Pradesh High Court on Friday declared that the Bhojshala-Kamal Maula Mosque complex in Dhar district is a temple [Hindu Front for Justice v Union of India Ministry of Culture].

A Bench of Justices Vijay Kumar Shukla and Alok Awasthi quashed the order passed by Archeological Survey of India (ASI) in 2003 by which Muslims had been granted permission to hold prayers at the site.

"2003 ASI order to the extent restricting the right of Hindus to worship within the Bhojshala complex and also the order permitting prayer by Muslim community are quashed," the Court ruled.

Muslims may apply to the State for alternative site for construction of mosque, the Court said.

"In order to secure the religious rights of the Muslim community and to ensure complete Justice between the parties, in case the respondent no. 8 (Muslim party) submits an application for allotment of suitable land within Dhar District for construction of Mosque or place for prayer, the State government may consider the said application in accordance with law," the judgment directed.

The Court underscored said that the religious character of the structure is of a temple.

"The disputed area of Bhojshala complex and Kamal Maula Mosque is held to be a protected monument. The religious character of the disputed area of the Bhojshala complex and Kamal Maula Mosque is held to be Bhojshala with a temple of Goddess Saraswati," the Court said in its judgment.

The Court ruled that historical literature and archeological references established the site as a centre of Sanskrit learning with the existence of a temple dedicated to Goddess Saraswati.

"There is a constitutional duty even to provide basic amenities to pilgrims, proper maintenance of law and order, the preservation of purity and pristine character of the deity. We have noted that the continuity of Hindu worship at the site has over time never been extinguished. We record finding that historical literature establishes the character of the disputed area as a centre of Sanskrit learning along with literature and archeological references indicate the existence of a temple dedicated to Goddess Saraswati," the Bench ruled.

The Court passed the verdict on a batch of petitions which sought to reclaim the Bhojshala complex for Hindus and to prohibit Muslims from offering namaaz in its premises.

The Court said that it relied on archeological and historical facts and arrived at the conclusion based on the precedent laid down by the Supreme Court in the Ayodhya case.

"We have considered the archeological and historical facts, ASI notifications and survey report. On the anvil of the statutory provisions of the ASI act as well as on the basis of the precedent laid down in the Ayodhya case, and considering the nature of archeological evidence, the court can safely rely on the conclusions of such multi disciplinary studies by the ASI and the fundamental rights under Articles 25 and 26 of the Constitution of India. Every government has the constitutional obligation to ensure preservation and protection of not only ancient monuments and its structures including temples of historical and archeological importance, but also of sanctum sanctorum and the deities of spiritual importance," the Court stated.

The Government of India (GoI) and the ASI were directed to decide on the administration and management of the affairs of temple.

ASI will continue to have overall administration and management of the property, the Court added.

"ASI will have full supervisory control over the preservation, conservation and regulation of religious practices," the Court added.

As regards the prayer made by the Hindu petitioner to bring back the idol of Goddess Saraswati which was taken away by British, the Government of India may consider the same as a representation, the Court directed.

"Government of India may consider their representation to bring back the idol of Goddess Saraswati from London museum and reestablish the same within the complex," the judgment said.

In a nutshell

- complex housed Goddess Saraswati temple;

- declares it a protected monument;

- GoI, ASI to decide on its administration;

- Muslims may apply for alternative land for mosque.

The judgment was delivered after Justice Shukla went to the disputed site on March 24 to physically inspect the complex and understand its layout.

The petitions before the Court challenged an ASI notification dated April 7, 2003, which allowed Muslims to offer namaz within Bhojshala complex , and "restricting the right of Hindus to worship within the aforesaid premises."

In one petition filed as a Public Interest Litigation (PIL), the petitioner, the Hindu Front for Justice stated that it is "espousing the cause of Hindu community for enforcement of right to religion guaranteed under Article 25 and right to conserve cultural heritage under Article 29 of the Constitution of India."

The plea sought 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 British after it was desecrated.

The petitioners further alleged that the ASI allowed Muslims to offer prayers within the temple complex on their "illegal demand on the ground that the Muslim rulers had constructed Kamal Maula Mosque at the said place".

In 2024, pursuant to an order of the High Court to conduct a survey, the ASI in a report filed before the High Court said that its investigation and study at the Bhojshala complex revealed that the "existing structure was made from the parts of earlier temples.

"From art and architecture of decorated pillars and pilasters, it can be said that they were part of earlier temples and were reused while making colonnades of the mosque over the high platform of the basalt. A pillar decorated with niches in all the four directions depict mutilated images of deities. Another base of a pillar also depicts a deity image in a niche. Standing images on two pilasters have been chopped off and are beyond recognition," the report said.

The Supreme Court had in May 2024 refused to stay the survey but said that the outcome of the report cannot be acted till further orders. In January this year, the top court ordered a status quo at the site till adjudication of the dispute.

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