An appeal has been filed before the Supreme Court challenging the Madhya Pradesh High Court’s May 15 verdict declaring the Bhojshala-Kamal Maula Mosque complex in Dhar as a Hindu temple. Qazi Moinuddin has approached the top court against the landmark judgment.
The High Court held that the religious character of the structure is that of a temple. “The disputed area of the Bhojshala complex and Kamal Maula Mosque is held to be a protected monument. The religious character… is held to be Bhojshala with a temple of Goddess Saraswati,” the court stated.
The bench of Justices Vijay Kumar Shukla and Alok Awasthi quashed ASI’s 2003 order permitting Muslims to hold prayers at the site. Muslims may apply to the State for an alternative site for mosque construction, the High Court ruled.
The court held that historical literature and archaeological references established the site as a centre of Sanskrit learning with the existence of a temple dedicated to Goddess Saraswati. It relied on archaeological and historical facts, following the precedent laid by the Supreme Court in the Ayodhya case.
Government of India and the ASI were directed to decide on temple administration and management. ASI will continue overall administration of the property. Regarding the Hindu petitioner’s prayer to bring back the Goddess Saraswati idol taken by the British, the Court directed that the GoI may consider it as a representation.
The verdict came on petitions seeking to reclaim Bhojshala for Hindus and prohibit namaz. Hindu Front for Justice filed a PIL espousing the Hindu community’s right to religion under Article 25 and cultural heritage under Article 29.
ASI’s 2024 survey revealed that the existing structure was made from parts of earlier temples.
This appeal brings the Bhojshala judgment to India’s highest court. Follow Dharmic News for Supreme Court updates.
