An appeal before the Supreme Court of India challenges the Madhya Pradesh High Court verdict declaring the Bhojshala–Kamal Maula Mosque Complex a Hindu temple, with petitioner Qazi Moinuddin seeking reversal of the May 15 judgment.
An appeal has been filed before the Supreme Court challenging the Madhya Pradesh High Court’s May 15 verdict, which held that the Bhojshala–Kamal Maula Mosque complex in Dhar is a Hindu temple. The challenge has been brought by Qazi Moinuddin, who has approached the top court seeking reversal of the High Court’s decision.
In its May 15 judgment, the Madhya Pradesh High Court concluded that the disputed structure carries the religious character of a temple. The High Court stated that:
“The disputed area of Bhojshala complex and Kamal Maula Mosque is held to be a protected monument. The religious character of the disputed area of the Bhojshala complex and Kamal Maula Mosque is held to be Bhojshala with a temple of Goddess Saraswati,”
The High Court ruled that historical records, literature, and archaeological material supported the conclusion that the Bhojshala site functioned as a centre of Sanskrit learning and that a temple dedicated to Goddess Saraswati existed there. The Court said it relied on archaeological and historical facts and reasoned that its conclusion followed the precedent established by the Supreme Court in the Ayodhya case.
Based on this finding, the High Court quashed an earlier order issued by the Archaeological Survey of India (ASI) in 2003, which had allowed Muslims to offer prayers at the site.
Relief granted by the High Court and direction to ASI/State
The High Court further observed that Muslims could seek an alternative arrangement for worship. It held that:
“Muslims may apply to the State for alternative site for construction of mosque,”
The Court also directed that the Government of India and the ASI decide the administration and management structure for the temple affairs. It added that:
“ASI will continue to have overall administration and management of the property.”
In addition, the High Court indicated that requests connected to the Goddess Saraswati idol may be considered in a representation form by the central government.
ASI survey and High Court inspection before verdict
In 2024, following an earlier High Court direction requiring a survey, ASI submitted a report before the High Court. The report stated that, after its investigation and study, the existing structure appeared to have been made from components of earlier temples. According to the report, the investigation revealed that:
“The existing structure was made from the parts of earlier temples.”
After receiving this report, the High Court proceeded to inspect the site before delivering its judgment on May 15.
The Petition Background:
The May 15 decision came after a batch of petitions before the High Court, with the stated objective of reclaiming the Bhojshala complex for Hindus and preventing Muslims from offering namaaz within the premises.
These petitions had challenged an ASI notification dated April 7, 2003, which had permitted Muslims to offer namaz at the complex and also included language that the petitioners claimed amounted to restricting Hindu worship. As described in the petitions, the notification was challenged on grounds of:
“restricting the right of Hindus to worship within the aforesaid premises.”
ALSO READ: Bhojshala-Kamal Maula Mosque Complex Hearing Adjourned by Madhya Pradesh HC
One of the matters was filed as a Public Interest Litigation (PIL) by the Hindu Front for Justice. The petition described itself as supporting the constitutional right of the Hindu community to worship and conserve cultural heritage. In the PIL, the petitioner asserted:
“espousing the cause of Hindu community for enforcement of right to religion guaranteed under Article 25 and right to conserve cultural heritage under Article 29 of the Constitution of India.”
The PIL sought re-establishment of the idol of Goddess Saraswati (also referred to as Vagdevi). The petition claimed the idol was originally established by King Bhoj in 1034 A.D., and that it was later taken to London by the British after it was desecrated.
The petitioners alleged that the ASI allowed Muslims to offer prayers within the temple complex based on an “illegal demand,” contending that Muslim rulers had built the Kamal Maula Mosque at the site. The grievance was expressed as follows:
“illegal demand on the ground that the Muslim rulers had constructed Kamal Maula Mosque at the said place.”
Following the May 15 ruling, Qazi Moinuddin has now approached the Supreme Court to challenge the High Court’s findings and directions related to the Bhojshala–Kamal Maula complex. The case is now expected to receive further scrutiny at the national level, particularly regarding the High Court’s conclusions about religious character, the validity of the 2003 ASI permission, and the resulting directions on temple administration and management.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
![[Criminalization Of Marital Rape] "We (Centre) Will Be Filing A Reply Soon, Don't Hear It This Week": SG Mehta Tells CJI](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/06/image-5-5.png?resize=420%2C345&ssl=1)
