Today( 11th March): The Madhya Pradesh High Court has granted approval for an investigation by the Archaeological Survey of India (ASI) into the Bhojshala monument dispute. The contentious issue revolves around conflicting claims from the Hindu and Muslim communities regarding the historical and religious significance of the site.
MADHYA PRADESH: Today (11th March): The Madhya Pradesh High Court has approved a survey by the Archaeological Survey of India (ASI) into the contentious Bhojshala monument situated in the Dhar district.
A division bench of the High Court in Indore, consisting of Justice SA Dharmadhikari and Justice Devnarayan Mishra, has concluded that a scientific survey and study of the Bhojshala Temple and Kamal Maula Mosque at the earliest, in adherence to both constitutional and statutory obligations.
“Complete scientific investigation, survey, and excavation, through the adoption of latest methods, techniques, and modes of GPR-GPS survey of the site in question constituting the disputed Bhojshala Temple cum Kamal Maula Mosque complex, as also the entire 50m of peripheral ring area surrounding/constituting the circular periphery from the boundary of the complex be conducted,” the court said in its order shared by advocate Vishnu Shankar.
The court said that a detailed scientific investigation should be conducted by carbon dating method to ascertain the “age” of the structures in the complex, both above the ground and underground. The court further ruled that the survey proceedings should be photographed and videographed in the presence of two representatives nominated by each side.
Advocate Vishnu Shankar Jain, representing the Hindu faction, confirmed the court’s decision, stating, “My plea for an ASI survey of Bhojshala/Dhar in Madhya Pradesh has been granted by the Indore High Court.”
Previously, the ASI, a central government body, expressed no objection to conducting a scientific investigation of the premises during proceedings at the Indore bench of the High Court. However, opposition arose from the Muslim side against the petition.
Background
The dispute surrounding Bhojshala initiated from conflicting claims: the Hindu community regards it as the temple of Goddess Vagdevi, whereas the Muslim community identifies it as Kamal Maula Mosque.
An ASI order dating back to April 7, 2003, permitted Hindus to worship inside the Bhojshala complex every Tuesday, while Muslims were granted permission to offer namaz on Fridays. Nevertheless, tensions periodically flare in the Dhar district, particularly during instances like Basant Panchami falling on a Friday, when both communities converge to engage in religious activities.
To substantiate their assertion that Bhojshala is a Saraswati temple, the Hindu party has submitted color photographs of the complex to the high court.
Challenging the validity of ASI’s order allowing separate access for Hindus and Muslims without a scientific inquiry, the petitioners argue that namaz should not be permitted inside a temple.
The court’s decision to initiate an ASI probe into Bhojshala closely follows a verdict by a Varanasi court allowing a Hindu priest to conduct prayers before idols in the Gyanvapi mosque’s southern cellar in Uttar Pradesh.
“The dewan of Dhar state allowed namaaz and dua for one day for the ruler’s health in the late 1930s. Since then, the Muslim side has been present at the Bhojshala,” claims Dipendra Sharma, secretary of the Bhoj Shodh Sansthaan. The Muslims, who have a family serving the dargah for close to 700 years, counter the claim.
The high court’s directive mandates a comprehensive scientific investigation, including surveys and excavations employing advanced methodologies such as the GPR-GPS survey. Additionally, carbon dating methods will be utilized to determine the age of structures within the complex, both above and below ground. The court stipulates that the entire survey process must be documented via photography and videography, with representation from both sides.
Historically, the term ‘Bhojshala’ was introduced in a 1903 paper authored by superintendent KK Lele, who oversaw an archaeology office established by Captain Earnest Barnes, the British political agent in the Dhar princely state. Despite initial references to Raja Bhoj, the colonial gazetteer of 1908 dismissed Lele’s term as a ‘misnomer.’ The Dhar state declared Bhojshala a protected monument in 1909, forbidding prayers within its premises. However, prayers resumed in 1935, and the ASI took control of the complex in 1952.
Litigation over Bhojshala resurfaced in May 2022, with the Hindu Front for Justice petitioning the Indore High Court to restrict prayers to Hindus only.
