Disputed Bhojshala site is temple of Goddess Saraswati: Madhya Pradesh High Court
The High Court ruled Bhojshala's religious character as a Saraswati temple, ended the shared worship arrangement, directed ASI to oversee preservation, and suggested separate land for a mosque.
In a landmark verdict that could reshape the decades-old Bhojshala-Kamal Maula dispute, the Madhya Pradesh High Court on Friday declared the disputed Bhojshala complex in Dhar as a temple dedicated to Goddess Vagdevi Saraswati and struck down the Archaeological Survey of India’s (ASI) 2003 arrangement permitting Muslims to offer namaz at the site.
Delivering the judgment, a division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi held that historical records, archaeological material and literary evidence established the religious character of the monument as a Saraswati temple associated with Raja Bhoj, the Parmar ruler credited with making Dhar a centre of Sanskrit learning.
Reacting to the verdict, Asaduddin Owaisi said that it had similarities with the Babri Masjid judgement and hoped the Supreme Court would overturn the order. "We hope the Supreme Court will set this right and overturn this order. Glaring similarities with the Babri Masjid judgment," he said in a post on X.
'CONTINUITY OF HINDU WORSHIP' NOTED BY COURT
“We have noted the continuity of the Hindu worship at the site, though regulated over time,” the bench observed while tracing the historical and religious evolution of the complex.
“The historical literature of the place establishes it as a centre of Sanskrit learning associated with Raja Bhoj. It indicates the existence of a temple dedicated to Goddess Vagdevi Saraswati at Dhar. Therefore, the religious character of the area is held to be Bhojshala with temple of Goddess Vagdevi Saraswati,” the court said in its ruling.
The verdict also quashed the ASI's 2003 circular under which Hindus were allowed to perform puja on Tuesdays while Muslims could offer Friday namaz at the protected monument. The arrangement had remained one of the most contentious aspects of the long-running dispute between Hindu and Muslim groups over the site's identity.
COURT SUGGESTS ALTERNATIVE LAND FOR MOSQUE
While recognising the Hindu claim over the monument, the High Court simultaneously attempted to safeguard the religious rights of the Muslim community. The bench said the Madhya Pradesh government may consider allotting suitable land within Dhar district for the construction of a mosque if an application is submitted.
“In order to secure the religious rights of the Muslim community, in case respondent no.1 submits an application for allotment of suitable land within Dhar district for construction of mosque, the state may consider the said application as per law,” the court stated.
ASI TO RETAIN CONTROL OVER PRESERVATION
The court further ruled that the ASI would continue to exercise “full supervisory control” over preservation and conservation of the monument, which is protected under the Ancient Monuments and Archaeological Sites and Remains Act.
The bench also took note of demands by Hindu petitioners seeking the return of an idol of Goddess Saraswati believed to be housed in a museum in London. The court said the government may consider representations seeking the idol’s return and possible installation within the Bhojshala complex.
DECADES-OLD DISPUTE OVER RELIGIOUS IDENTITY
The dispute over Bhojshala dates back decades and centres around competing claims over the 11th-century structure. Hindus regard the site as a temple dedicated to Goddess Saraswati, while Muslims identify it as the Kamal Maula Mosque.
The current round of litigation arose from multiple petitions before the High Court, including pleas seeking exclusive Hindu worship rights and restrictions on namaz at the site. During the proceedings, the High Court had ordered a scientific ASI survey of the monument, a move briefly stayed by the Supreme Court before a time-bound process was framed for examining the survey report and objections filed by parties.
Counsel representing Hindu petitioners argued that Bhojshala was originally a Saraswati temple dating back to King Bhoja’s reign and pointed to inscriptions, archaeological remains and structural features as evidence of a pre-existing Hindu religious site. Muslim petitioners, however, argued that historical records from the Khilji era contained no reference to destruction of a Saraswati temple and cited a 1935 “Alaan” issued by the erstwhile Dhar ruler permitting namaz at the site. Jain petitioners also staked a claim, contending that an idol linked to the site belonged to Jain Goddess Ambika and citing similarities with temple architecture in Mount Abu.
In a landmark verdict that could reshape the decades-old Bhojshala-Kamal Maula dispute, the Madhya Pradesh High Court on Friday declared the disputed Bhojshala complex in Dhar as a temple dedicated to Goddess Vagdevi Saraswati and struck down the Archaeological Survey of India’s (ASI) 2003 arrangement permitting Muslims to offer namaz at the site.
Delivering the judgment, a division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi held that historical records, archaeological material and literary evidence established the religious character of the monument as a Saraswati temple associated with Raja Bhoj, the Parmar ruler credited with making Dhar a centre of Sanskrit learning.
Reacting to the verdict, Asaduddin Owaisi said that it had similarities with the Babri Masjid judgement and hoped the Supreme Court would overturn the order. "We hope the Supreme Court will set this right and overturn this order. Glaring similarities with the Babri Masjid judgment," he said in a post on X.
'CONTINUITY OF HINDU WORSHIP' NOTED BY COURT
“We have noted the continuity of the Hindu worship at the site, though regulated over time,” the bench observed while tracing the historical and religious evolution of the complex.
“The historical literature of the place establishes it as a centre of Sanskrit learning associated with Raja Bhoj. It indicates the existence of a temple dedicated to Goddess Vagdevi Saraswati at Dhar. Therefore, the religious character of the area is held to be Bhojshala with temple of Goddess Vagdevi Saraswati,” the court said in its ruling.
The verdict also quashed the ASI's 2003 circular under which Hindus were allowed to perform puja on Tuesdays while Muslims could offer Friday namaz at the protected monument. The arrangement had remained one of the most contentious aspects of the long-running dispute between Hindu and Muslim groups over the site's identity.
COURT SUGGESTS ALTERNATIVE LAND FOR MOSQUE
While recognising the Hindu claim over the monument, the High Court simultaneously attempted to safeguard the religious rights of the Muslim community. The bench said the Madhya Pradesh government may consider allotting suitable land within Dhar district for the construction of a mosque if an application is submitted.
“In order to secure the religious rights of the Muslim community, in case respondent no.1 submits an application for allotment of suitable land within Dhar district for construction of mosque, the state may consider the said application as per law,” the court stated.
ASI TO RETAIN CONTROL OVER PRESERVATION
The court further ruled that the ASI would continue to exercise “full supervisory control” over preservation and conservation of the monument, which is protected under the Ancient Monuments and Archaeological Sites and Remains Act.
The bench also took note of demands by Hindu petitioners seeking the return of an idol of Goddess Saraswati believed to be housed in a museum in London. The court said the government may consider representations seeking the idol’s return and possible installation within the Bhojshala complex.
DECADES-OLD DISPUTE OVER RELIGIOUS IDENTITY
The dispute over Bhojshala dates back decades and centres around competing claims over the 11th-century structure. Hindus regard the site as a temple dedicated to Goddess Saraswati, while Muslims identify it as the Kamal Maula Mosque.
The current round of litigation arose from multiple petitions before the High Court, including pleas seeking exclusive Hindu worship rights and restrictions on namaz at the site. During the proceedings, the High Court had ordered a scientific ASI survey of the monument, a move briefly stayed by the Supreme Court before a time-bound process was framed for examining the survey report and objections filed by parties.
Counsel representing Hindu petitioners argued that Bhojshala was originally a Saraswati temple dating back to King Bhoja’s reign and pointed to inscriptions, archaeological remains and structural features as evidence of a pre-existing Hindu religious site. Muslim petitioners, however, argued that historical records from the Khilji era contained no reference to destruction of a Saraswati temple and cited a 1935 “Alaan” issued by the erstwhile Dhar ruler permitting namaz at the site. Jain petitioners also staked a claim, contending that an idol linked to the site belonged to Jain Goddess Ambika and citing similarities with temple architecture in Mount Abu.
