Mandir or Masjid? Supreme Court Declines Stay on MP High Court Order for ASI Survey of Bhojshala

New Delhi- The Supreme Court on Friday refused to stay a recent Madhya Pradesh High Court order which directed the Archaeological Survey of India (ASI) to survey a protected 11th century monument, Bhojshala in the tribal dominated Dhar district.

The ASI survey is to determine the "real religious character" of Bhojshala.

Hindus venerate Bhojshala as a temple dedicated to Vagdevi (Goddess Saraswati), while Muslims refer to it as Kamal Maula Mosque.

The matter has been scheduled for hearing on April 1.

Meanwhile, the ASI initiated its survey of the contentious Bhojshala-Kamal Maula Mosque complex on March 22. The ASI team, consisting of over a dozen members, arrived at the complex on Friday morning. They were accompanied by senior local police and district administration officials for the survey.

In April 2003, the Archaeological Survey of India (ASI) attempted to resolve the issue surrounding Bhojshala by permitting Hindus to conduct worship within the complex every Tuesday, while Muslims were granted the opportunity to offer namaz on Fridays.

However, the situation took a legal turn in May 2022 when the Hindu Front for Justice filed a Public Interest Litigation (PIL) challenging the ASI's directive that limited daily worship for Hindus at Bhojshala. The petition sought a survey to ascertain the "true religious identity" of Bhojshala.

The petition argued that the historical significance of the site dated back to 1034 AD when the rulers of Dhar installed a statue of the goddess Saraswati within the complex.

A petition challenging the High Court's decision was brought before a bench of Justice Hrishikesh Roy for urgent consideration. The bench declined to stay the survey without hearing the opposing side, noting that the issue would be addressed on April 1 when the court reconvenes after the Holi break.

The petitioner, Maulana Kamaluddin Welfare Society, expressed concerns that the ASI survey, set to commence imminently, could cause damage to the protected monument.

Following the presentation of evidence, including colored photographs of pillars inscribed with Sanskrit verses, theHigh Court permitted the ASI to conduct a survey.

The ASI had previously allowed Hindus to conduct rituals at Bhojshala on Tuesdays and Muslims to offer prayers on Fridays.

The ongoing legal battle involves complex historical and religious dimensions, with calls for the re-establishment of a Goddess Saraswati idol within the Bhojshala complex, originally installed in 1034 AD and purportedly taken to London by the British in 1857.

Origin of the Dispute

The dispute over Bhojshala has its roots in the complex's historical and religious significance. Situated in the heart of Dhar city, the site encompasses the tomb of Kamal al-Din, a revered Chishti saint, along with a hypostyle mosque. Notably, the mosque is said to have been constructed using elements recycled from Hindu temples, as reported by The Indian Express.

Historically, until April 2003, access to the complex was restricted: Hindus were permitted entry only on Basant Panchami, while Muslims could offer namaz inside the structure for a limited period on Fridays. This arrangement, coupled with the composite nature of the site's architecture, laid the groundwork for the ongoing dispute, reflecting the intersection of religious traditions and cultural heritage.