The Madhya Pradesh High Court declared the Bhojshala Complex a temple dedicated to Goddess Vagdevi Saraswati, struck down the 2003 ASI arrangement permitting namaz, and held historical, archaeological and literary evidence established its religious character as Bhojshala.
A landmark decision that could reshape the long-running Bhojshala–Kamal Maula dispute, the Madhya Pradesh High Court ruled that the Bhojshala complex in Dhar is a temple dedicated to Goddess Vagdevi Saraswati. The Court also struck down the 2003 arrangement issued by the Archaeological Survey of India (ASI), which had allowed Muslims to offer namaz at the site.
The judgment was authored by a division bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi. The bench concluded that a combination of historical narratives, archaeological evidence, and literary material established the monument’s religious identity as a Saraswati temple connected to Raja Bhoj the Parmar ruler credited with turning Dhar into a major hub of Sanskrit learning.
Reacting to the ruling, Asaduddin Owaisi said the verdict appeared similar to the Babri Masjid decision and expressed hope that the Supreme Court of India would reverse it.
He said in a post on X,
“We hope the Supreme Court will set this right and overturn this order. Glaring similarities with the Babri Masjid judgment,”
In its reasoning, the High Court noted what it described as a continued practice of Hindu worship at the disputed location, even though such worship had been regulated at different points in time.
The bench observed while reviewing the monument’s historical and religious background,
“We have noted the continuity of the Hindu worship at the site, though regulated over time,”
Referring to old texts and records, the Court stated that the material before it indicated that a temple dedicated to Goddess Vagdevi Saraswati existed in Dhar during the rule of Raja Bhoj.
The court said in its ruling,
“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 verdict also nullified the ASI’s 2003 circular that permitted Hindus to conduct puja on Tuesdays and allowed Muslims to offer Friday namaz at the protected monument an aspect that has been among the most contentious points in the dispute between Hindu and Muslim communities over the site’s identity and use.
At the same time, the Court attempted to address concerns raised by the Muslim community by observing that the Madhya Pradesh government could consider providing suitable land within Dhar district for building a mosque, provided an application is filed.
The court stated,
“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 bench also made it clear that the ASI would continue to have “full supervisory control” over the preservation and conservation of the monument under the Ancient Monuments and Archaeological Sites and Remains Act.
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The Court further considered prayers by Hindu petitioners relating to the return of an idol of Goddess Saraswati believed to be held in a museum in London. It observed that the government may examine requests for the idol’s return and whether it could be installed at the Bhojshala complex.
The Bhojshala dispute has been ongoing for decades and centres on competing religious claims regarding the 11th-century structure. Hindus identify it as a Saraswati temple, while Muslims claim it as the Kamal Maula Mosque.
This latest legal round stemmed from multiple petitions filed before the High Court, including requests seeking exclusive rights for Hindu worship and restrictions on namaz at the site. During the proceedings, the High Court had ordered a scientific survey of the monument by the ASI. While the Supreme Court temporarily stayed the survey, a time-bound framework was later put in place to assess the survey report and the objections raised by the various parties.
Counsel for the Hindu petitioners argued that Bhojshala was originally a Saraswati temple from the period of Raja Bhoj, citing inscriptions, structural remnants, and archaeological material to support the claim of an existing Hindu religious structure.
Conversely, Muslim petitioners contended that historical records from the Khilji period do not mention the destruction of any Saraswati temple. They also pointed to a 1935 “Alaan” issued by the former ruler of Dhar authorising namaz at the site.
Jain petitioners also raised claims over the monument, arguing that an idol connected with the site belonged to Jain Goddess Ambika. They further relied on similarities between the structure and Jain temple architecture found in Mount Abu.
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