The Madhya Pradesh High Court has declared that the disputed historical site at Bhojshala is a temple dedicated to Goddess Saraswati, resolving a long-standing conflict over the religious character of the 11th-century monument.
Ruling on writ petitions filed by the Hindu Front for Justice and others, a bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi stated that historical literature establishes the location as a center of Sanskrit learning associated with Raja Bhoj. The court noted the continuity of Hindu worship at the site, although it had been regulated over time.
“the religious character of the area is held to be Bhojshala with temple of Goddess Vagdevi Saraswati,” the court declared.
As a result of this finding, the court quashed a 2003 order issued by the Archaeological Survey of India (ASI) that had restricted the rights of Hindus to worship within the complex while allowing the Muslim community to offer namaz there.
To address the religious rights of the Muslim community and ensure justice between the parties, the court provided a pathway for the allotment of alternative land. The court stated that if the Maulana Kamaludding Welfare Society, intervenors, or a duly constituted waqf body submits an application for the allotment of suitable land within the Dhar district for the construction of a mosque or place for prayer, the state may consider that application in accordance with the law.
Administrative and Preservation Mandates
While the ASI will maintain overall administration of the property, the Central government and the ASI have been directed to reach a decision regarding the specific administration and management of the Bhojshala temple and the Sanskrit learning occurring within the property.
The court emphasized the government’s constitutional obligation to preserve not only ancient monuments and structures of historical importance but also “sanctum sanctorum as well as the deities of spiritual importance.”
Regarding a plea to recover an idol currently housed in the British Museum in London, the court noted that the petitioners had already made representations to the Government of India. The court held that the government may consider these representations to bring back the Pratima of Goddess Saraswati and reestablish it within the complex.
Case Background and Legal Conflict
The dispute centers on an 11th-century monument protected by the ASI. The Hindu community regarded the site as a temple of Goddess Saraswati (Vegdevi), while the Muslim community regarded it as a mosque. In 2003, the ASI had established an arrangement where the Hindu community performed puja on Tuesdays and the Muslim community offered namaz on Fridays.
The current legal proceedings, which commenced before the High Court on April 6, followed a complex process involving a scientific survey of the site. That survey had been temporarily stayed by the Supreme Court before the higher court established a time-bound process to unseal the report and consider objections.
During the hearings, arguments were presented by multiple parties:
- Hindu Community: Counsel argued the site was originally a temple from the reign of King Bhoja, citing archaeological, historic, and inscription-based evidence.
- Muslim Community: Counsel argued that records from the Khilji period do not mention the destruction of a Saraswati Temple and cited a 1935 Ailan by the former Dhar ruler permitting namaz.
- Jain Community: Counsel argued the idol in the British Museum belonged to the Jain Goddess Ambika and noted architectural similarities to temples in Mount Abu.
- Government: Counsel argued the 1935 Ailan was invalid because the site was already protected under the Ancient Monument Preservation Act of 1904, with the ASI acting as custodian under the Ancient Monument and Archaeological Site and Remains Act 1958.
Potential Next Steps
Following this ruling, the state may now process applications for the allotment of land in the Dhar district for a mosque. The Central government could initiate discussions or diplomatic efforts to retrieve the Pratima of Goddess Saraswati from the London Museum. The ASI and Central government are likely to move toward a finalized decision on the daily management of the temple and its associated Sanskrit learning.