Madhya Pradesh HC reserves order in Bhojshala case; Muslim side calls ASI survey report ‘biased’

THe Indore bench of the Madhya Pradesh heights margaret court on tues reserved its dictate in the Bhojshala caseful after concluding arguments from all parties over the religious nature of the disputed Bhojshala Temple-Kamal Maula Mosque complex in Dhar.A division bench of Justices Vijay Kumar Shukla and Alok Awasthi heard arguments for 36 days before reserving the matter. They were hearing the case on a daily basis from April 6.The dispute pertains to the religious nature of the Bhojshala complex, an Archaeological Survey of India-protected monument in Dhar district. Hindu litigants claimed that it was originally a temple of Goddess Vagdevi or Saraswati while Muslims claimed that it was a mosque. A Jain petitioner claimed that the disputed structure was a Jain temple.ALSO READ | Saraswati Puja, Friday namaz held peacefully at Bhojshala in MP amid tight securityThe court had earlier directed 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 remains of earlier temples and the existing mosque structure came up centuries later.Appearing for the Hindu side, advocates Vishnu Shankar Jain, Vinay Joshi and petitioner Ashish Goyal argued that Bhojshala is fundamentally a temple and sought exclusive Hindu rights to worship at the site. Referring to the ASI’s 1904 report identifying the idol of Vagdevi, currently housed in the British Museum, they argued that the structure lacked essential features of a mosque.ALSO READ | Supreme Court revives Bhojshala case, allows prayers at site“The site lacks essential features of a mosque such as a Wazukhana, minarets, or foundational mehrabs. We want exclusive Hindu rights to worship under Article 25, discontinuation of Namaz at the site, formation of a Trust to manage Bhojshala, repatriation and installation of the Vagdevi idol, and quashing of the ASI’s 2003 order restricting daily worship,” the Hindu side submitted.The Muslim side, represented by senior advocates Shobha Menon and Salman Khurshid along with advocate Tausif Warsi, challenged the findings and methodology of the ASI survey. They argued that the religious character of Bhojshala had not been conclusively established and said no consecrated idol or “Pran-Pratishtha” existed at the site.“In the Ayodhya case, the idol of Ram Lalla Virajman was present, whereas no such idol is installed in the Bhojshala. Bhojshala has historically been recognised as the Kamal Maula Mosque, where Namaz was regularly offered,” Khurshid argued.The Muslim side also alleged lack of transparency in the survey process, citing unclear videography, absence of carbon dating and omission of a Gautam Buddha statue allegedly found during the survey. It further alleged that outdated methods were used and raised platforms were removed despite court directions.Accusing the petitioners of misusing the PIL process, Menon argued that the dispute should be adjudicated through a civil suit rather than a writ petition before the high court.On the final day of the hearing, Additional Solicitor General (ASG) Sunil Kumar Jain, representing the ASI, refuted the Muslim side’s argument that the ASI’s report was “biased”. “There is no question of any bias on the part of the ASI towards any community,” the ASG was quoted as saying by PTI.The ASI maintained that Bhojshala was originally a temple built during the Parmar era in the 12th century. Referring to 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, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, it can be said that existing structure was made from the parts of earlier temples,” the ASI submitted.The Hindu Front for Justice had moved the court in 2022 seeking a scientific survey to determine the religious character of Bhojshala. Acting on the plea, the high court ordered the ASI survey on March 11, 2024, following which the agency conducted the exercise between March 22 and June 30 at the one-acre site.The Bhojshala-Kamal Maula Mosque complex was declared a monument of national importance in 1951 under the Ancient and Historical Monument and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951.The Jain community has also staked claim over the site, asserting that Bhojshala was originally an 11th-century Jain temple and gurukul, and identifying the Vagdevi idol as Jain Yakshini Ambika.