Madhya Pradesh High Court, while giving its verdict on Friday (May 15) in the case of Dhar’s Bhojshala-Kamal Maula Masjid complex, accepted two PILs of the Hindu community. The court determined the religious nature of this medieval monument as a temple of Goddess Saraswati. Along with this, the court canceled the order of Archaeological Survey of India (ASI) dated 7 April 2003 in which Muslims were allowed to offer namaz in the Bhojshala premises every Friday.


Justice Vijay Kumar Shukla and Justice Alok Awasthi of the Indore bench of the High Court delivered the verdict on five petitions and one writ appeal to the case. The division bench said, “The religious character of the disputed premises of Bhojshala-Kamal Maula Masjid is determined to be a temple of Vagdevi (Saraswati).”


The court, quoting the report of ASI’s scientific survey of the disputed monument and other documents on record, said that the monument was linked to Raja Bhoj of the Parmar dynasty.


The High Court also said that if Maulana Kamaluddin Welfare Society of Dhar applies for allotment of land to build a mosque in the district, then the state government can consider it as per legal provisions.


The division bench had started the regular hearing in the Bhojshala case from April 6 and had reserved its verdict on May 12 after hearing all the concerned parties. The High Court hearing was held against the backdrop of complexities of different religious beliefs, historical claims, legal provisions as well as thousands of documents to the disputed monument.


During the hearing, petitioners from Hindu, Muslim and Jain communities had presented detailed arguments and sought special rights of worship for people of their respective communities at the memorial. This monument is protected by ASI.


After the controversy over Bhojshala started, ASI had issued an order on April 7, 2003. In the order, Hindus were allowed to offer prayers at Bhojshala every Tuesday, while Muslims were allowed to offer namaz at the place every Friday.


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