Bhojshala dispute: HC grants Hindus worship rights in historic verdict

The Madhya Pradesh HC granted Hindus the right to worship at the Bhojshala complex, recognising it as belonging to Raja Bhoj. The court set aside a 2003 ASI order allowing Namaz and suggested alternate land be offered to the Muslim side.

In a significant development in the long-standing Bhojshala-Kamal Maula Mosque dispute, the Indore Bench of the Madhya Pradesh High Court has delivered a historic verdict, granting the Hindu side the right to worship and recognising the complex as belonging to Raja Bhoj.

Court Grants Hindus Worship Rights, Sets Aside 2003 ASI Order

Addressing media personnel after the court's order, Vishnu Shankar Jain, representing the Hindu side, termed the judgment as "historic," noting that the court has partially set aside the Archaeological Survey of India's (ASI) order dated April 7, 2003. "The Indore High Court has delivered a historic verdict, partially setting aside the ASI's order dated April 7, 2003. Furthermore, the Court has granted the Hindu side the right to worship and has recognised the Bhojshala complex as belonging to Raja Bhoj," Jain said.

The advocate further revealed that the court addressed the demand for the repatriation of the idol, which is currently housed in a museum in London. "Regarding our demand for the repatriation of the idol currently housed in a London museum, the Court has directed the government to consider this request; the Court also noted that the Muslim side is free to present its views before the government as well. Additionally, the Court has asked the government to consider allocating alternative land to the Muslim side," he said.

In an effort to provide a resolution for the other party, Jain said that the court has suggested the allocation of alternate land for the Muslim side. "The Court has granted us the right to perform worship rituals and has directed the government to oversee the management of the site. The ASI's previous order, which granted the right to offer Namaz (prayers), has been completely set aside; henceforth, only Hindu worship shall take place there," he added.

Later, speaking to ANI, the advocate said the court ruled that Bhojshala was built by King Bhoj as a Maa Saraswati shrine and a Sanskrit learning centre, set aside part of the 2003 order on Namaz at the site, and directed the government to consider bringing back the Maa Saraswati idol from the British Museum. He added that the Muslim side may seek alternate land for the Namaz and a mosque in the Dhar region.

"It has today been established that the entire Bhojshala complex was indeed constructed by King Bhoj. It served as a shrine dedicated to Maa Vagdevi (Maa Saraswati)--a renowned School of Sanskrit Learning and a temple dedicated to her worship. Furthermore, regarding the Muslim community members who have been offering Namaz at this site illegally, the Court has today set aside that specific portion of the order issued on April 7, 2003. The Court has accepted all the arguments we presented. Additionally, regarding the idol of Maa Saraswati (Maa Vagdevi)--which is currently housed in the British Museum in London--the Court has directed the government to consider measures to facilitate its repatriation. Furthermore, the Court has granted the Muslim side the liberty to submit a representation to the government requesting alternative land for offering Namaz and for a mosque; the government will consider such a request in the Dhar region," he told ANI.

He further said the Court held that Bhojshala falls under the ASI's 1951 notification and the ASI Act, 1958, with ASI retaining full control of the site, while permitting the Hindu side to perform Pooja and rituals there under Section 16. "This property falls under the purview of the ASI notification issued in 1951. The Bhojshala complex is listed under Entry Number 90 of that notification, and the site is governed by Section 16 of the ASI Act, 1958. Therefore, the ASI shall retain total dominion and control over the site. However--in consonance with Section 16--the Court has granted the Hindu side the right to perform worship and rituals at the site."

Muslim side to challenge verdict in Supreme Court

Meanwhile, Dhar Shahar Qazi Waqar Sadiq, on the verdict, expressed disappointment and said he will challenge the verdict in the Supreme Court. "We will review the decision that has been given against us. We will challenge the verdict in the Supreme Court..," he said.

Background of the Bhojshala Dispute

The Hindu side have argued that the Bhojshala complex, is a temple dedicated to Goddess Vagdevi (Saraswati), while Muslims believe that it is the site of the Kamal Maula mosque. On May 12, the Indore Bench of the Madhya Pradesh High Court reserved its decision following final arguments.

A division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi was hearing the matter regularly from April 6 and heard all the parties concerned, including petitioners, respondents, interveners and the Archaeological Survey of India (ASI). According to an arrangement in 2003, Hindus perform puja at the complex on Tuesdays from sunrise to sunset, while Muslims offer namaz on Fridays from 1 pm to 3 pm. (ANI)

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