The Madhya Pradesh High Court on Monday ordered the Archaeological Survey of India (ASI) to complete a survey of the Bhojshala Temple and Kamal Maula Mosque complex in the Dhar district within six weeks. The court pointed out the necessity to unveil and clarify the nature and character of the complex, liberating it from the prevailing confusion. The ASI-protected site is perceived by Hindus as a temple devoted to Goddess Vagdevi (Saraswati), while Muslims consider it the location of the Kamal Maula Mosque. According to a 2003 arrangement, Hindus conduct puja at the complex on Tuesdays, and Muslims offer namaz on Fridays.
What Does Court Mandate Says?
Instructing a comprehensive scientific exploration, survey, and excavation of the Bhojshala complex, a panel comprising Justices Sushrut Arvind Dharmadhikari and Devnarayan Mishra asserted the imperative need to determine and liberate the monument's "nature and character" from the perplexity that currently surrounds it. The judges highlighted that the Central government, responsible for maintaining the monument, must demystify its characteristics due to the prevalent "mystery," which has led to escalating controversies.
The court mandated the Archaeological Survey of India (ASI) to establish an expert committee charged with executing a thorough scientific investigation, survey, and excavation, utilising the latest methods and techniques. The committee is required to submit its findings within six weeks.
Furthermore, the ASI received orders to open sealed rooms and halls within the complex, creating a comprehensive inventory of each artifact, idol, deity, or structure for subsequent scientific investigation.
Arguments From Hindu Side
The Hindu Front for Justice, the petitioners in this case, contends that the Kamal Maula Mosque was constructed during the reign of Alauddin Khilji in the 13th and 14th centuries, through the destruction and dismantling of ancient structures of previously built Hindu temples.
Assistant Solicitor General Himanshu Joshi, appearing for the ASI, countered this argument by asserting that the ASI had not considered the 1902-03 report prepared by the then-existing expert body in the 2003 case. This historical report pointed to the pre-existence of the Bhojshala Temple of Vagdevi, identifying it as a significant Gurukul and temple of Vedic learning and studies.
Arguments From Muslim Side
Dhar's Shahar Qazi, Waqar Sadiq, expressed the intention of the mosque's management to challenge the High Court ruling in the Supreme Court. Senior Advocate Ajay Bagadia, representing the Muslim side, cited a prior 2003 case that had been dismissed by the Jabalpur Bench of the High Court. Bagadia contended that the ASI's stance was influenced by the government and urged the court to see through the apparent bias in favor of the Bhojshala Vagdevi Temple, which goes against the interests of Muslims who have been praying there for years.
