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MP HC declares Bhojshala site a Saraswati temple, quashes ASI’s 2003 namaz order

MP HC declares Bhojshala site a Saraswati temple, quashes ASI’s 2003 namaz order

Photograph: (ANI)

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The Bhojshala-Kamal Maula complex in Dhar has been at the centre of a long-running dispute over its religious identity and worship rights, with Hindus claiming it as an ancient Saraswati temple from Raja Bhoj’s era, while Muslims regard it as the Kamal Maula mosque.

In a landmark ruling that could significantly alter the long-running Bhojshala-Kamal Maula dispute, the Madhya Pradesh High Court on Friday declared the disputed Bhojshala complex in Dhar a temple dedicated to Goddess Vagdevi Saraswati and struck down the 2003 arrangement of the Archaeological Survey of India allowing Muslims to offer namaz at the site.

Delivering the verdict, a division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi held that historical records, archaeological findings and literary references established the religious character of the complex as a Saraswati temple linked to Raja Bhoj, the Parmar ruler credited with turning Dhar into a major centre of Sanskrit learning.

“We have noted that the continuity of Hindu worship at the site has, over time, never been extinguished. We record finding that historical literature establishes the character of the disputed area as a centre of Sanskrit learning, along with literature and archaeological references indicate the existence of a temple dedicated to Goddess Saraswati,” the Bench ruled.

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The court quashed the ASI’s 2003 order that had permitted members of the Muslim community to offer prayers at the Bhojshala complex while also restricting Hindu worship.

“2003 ASI order to the extent restricting the right of Hindus to worship within the Bhojshala complex and also the order permitting prayer by the Muslim community are quashed,” the court said.

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At the same time, the Bench said Muslims may approach the State government for allotment of alternative land for the construction of a mosque or a separate place for prayers in Dhar district.

“In order to secure the religious rights of the Muslim community and to ensure complete Justice between the parties, in case the respondent no. 8 (Muslim party) submits an application for allotment of suitable land within Dhar District for the construction of a mosque or place for prayer, the State government may consider the said application in accordance with law,” the judgment directed.

ASI to continue preservation work at Bhojshala

The High Court further clarified that the ASI would retain full supervisory authority over the preservation and conservation of the monument, which remains protected under the Ancient Monuments and Archaeological Sites and Remains Act.

The Bench also took note of pleas filed by Hindu petitioners seeking the return of an idol of Goddess Saraswati believed to be kept in a museum in London. The court observed that the government may consider any representation seeking the idol’s repatriation and possible installation inside the Bhojshala complex.

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Ajaypal Choudhary

Driven by a deep interest in international politics and geo-economics, Ajaypal Choudhary writes on and analyses a wide range of subjects from geopolitics and the global economy to ...Read More