BREAKING| MP High Court Declares Bhojshala Site As Temple, Quashes ASI Circular Allowing Muslims To Offer Namaz

The Madhya Pradesh High Court has declared that the disputed historical site at Bhojshala is a Temple dedicated to Goddess Saraswati.

Allowing a writ petitions filed by the Hindu Front for Justice and others, a bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi said :

"We have noted the continuity of the Hindu worship at the site, though regulated overtime...We record finding that historical literature of the place establishes as a centre of Sanskrit learning associated with Raja Bhoj...it indicates the existence of Temple dedicated to Goddess Sarawsati at Dhar...Therefore, the religious character of the area is held to be Bhojshala with temple of Goddess Vagdevi Saraswati."

The  Court quashed an order passed by the Archaeological Survey of India(ASI) in 2003 to the extent that it restricted the rights of Hindu to worship within the complex and allowed the Muslim community to offer namaz there.

However, in order to secure the religious rights of the Muslim community, the Court allowed them to submit an application for the allotment of suitable land within Dhar district for the construction of a mosque. If such an application is made, the State may consider said application per the law, the Court stated.

"In order to secure the religious rights of the Muslim community and to ensure complete justice between the parties, in case respondent no 8 (Maulana Kamaludding Welfare Society) submits an application for allotment of suitable land within Dhar District for construction of a mosque or place for prayer, the state may consider said application in accordance with the law for allotment of suitable and permanent part of land in Dhar District to the Muslim Community which may be represented either through respondent no 8, intervenors or duly constituted waqf body for construction, administration of mosque and associative religious facilities. Accordingly, WP 10497 of 2022 and WP 10484 of 2022 are allowed and disposed of."

The Central government and the ASI have been directed to take a decision for the administration and management of the Bhojshala temple and the Sanskrit learning within the property. The ASI will continue to have the overall administration of the property.

"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 as well as the deities of spiritual importance," the Court said.

Regarding the plea seeking to bring and restore the idol currently placed in the British Museum in London, the court held that the 

"The petitioners have already made a number of representations to the Government of India. The Government of India may consider their representations to bring back the Pratima of Goddess Saraswati from the London Museum and reestablish the same within the complex". 

Background: 

The dispute concerns Bhojshala, an 11th-century monument protected by the Archaeological Survey of India. The site was regarded as a temple of the Goddess Saraswati (Vegdevi) by the Hindu community and as a Mosque by the Muslim Community. In 2003, ASI made an arrangement wherein the Hindu Community was permitted to perform puja on Tuesdays while the Muslim Community was allowed to offer namaz on Fridays. 

The present proceedings arise from multiple petitions concerning the site's religious and historical character. One of the first petitions sought to reclaim the site for the Hindu Community, while seeking restraint against the Muslim Community from offering namaz. Thus, the High Court had ordered a scientific survey of the site, which was temporarily stayed by the Supreme Court in the Muslim Community's appeal. Later, the Supreme Court laid down a time-bound process to unseal the survey report, supply copies to parties, and consider their objections at the final hearing.

In pursuance of the order, the present proceedings commenced before the High Court on April 6. Thereafter, the High Court directed the ASI to upload the videographic record of the survey proceedings on a digital platform and provide access to the parties. 

Counsel appearing for the petitioners belonging to the Hindu Community argued that Bhojshala was originally a temple, dating back to the reign of King Bhoja, dedicated to the Goddess Saraswati and that the present structure bears archaeological, historic, and inscription-based evidence of a pre-existing Hindu religious site. 

Counsel for the parties belonging to the Muslim Community argued that the historical records from the Khilji period and contemporaneous accounts do not mention the destruction of any Saraswati Temple at Dhar. The counsel also referred to the validity of a 1935 Alaan issued by the erstwhile Dhar ruler's permitting the Muslim Community to offer namaz at the site. 

Counsel for the parties belonging to the Jain Community sought the right to offer prayers, arguing that the idol found in the British Museum belonged to the Jain Goddess Ambika. The counsel asserted that the site bears similar architectural features to the Temples in Mount Abu. 

Counsel for the Government argued that the Alaan of 1935 was invalid as the site was already declared protected under the Ancient Monument Preservation Act of 1904. Following that, under the Ancient Monument and Archaeological Site and Remains Act 1958, ASI acted as custodian and guardian of the site.