Bhojshala Complex Case: Madhya Pradesh High Court directs ASI to survey temple claimed as a mosque by Muslims

The Indore bench of the Madhya Pradesh High Court on Monday (March 11) directed the Archaeological Survey of India (ASI) to conduct a scientific investigation, survey, and excavation at the Bhojshala complex in the state’s Dhar district. The ASI – the primary agency in charge of archaeological and historical sites across India – has been directed to submit its report before the next hearing on April 29.

The petitioner from the Hindu side – Vishnu Shankar Jai – posted on platform X, highlighting that the High Court had allowed an ASI survey at the Bhojshala complex. A bench of Justices SA Dharmadhikari and Devnarayan Mishra allowed the ASI survey of the complex while hearing an interlocutory application filed in a pending writ petition. The writ petition pending before the court was filed by the Hindu Front for Justice seeking a scientific survey of the Bhojshala premises and to reclaim it on behalf of the Hindus.

What is the Bhojshala Complex?
The Bhojshala (also spelt as Bhojaśālā, and sometimes Bhoj Shala) literally translates from Sanskrit as the ‘Hall of King Bhoja’ is an historic temple located in Dhar, Madhya Pradesh. King Bhoja hailed from the Paramāra dynasty of central India, and was renowned as a patron of education and the arts, to whom major Sanskrit works on poetics, yoga and architecture are attributed. Notably, the 11th-century Bhojshala is an ASI-protected monument. Hindus believe it is a temple of Goddess Vagdevi (Saraswati) but the Muslim side disputes it claiming that it is Kamal Maula Mosque.

Since April 7, 2003, the ASI has facilitated the rituals of puja being held by the Hindus at the Bhojshala complex every Tuesday. Meanwhile, the ASI has also enabled the Muslims to offer namaz there every Friday, an arrangement against which the Hindu Front for Justice filed a PIL challenging on May 2, 2023. Apart from the ASI survey and reclamation of the Bhojshala, they have also sought a ban on the members of the Muslim community from offering namaz on its premises.

This archaeological site at Dhār also bears ancient inscriptions that attracted the early attention of colonial Indologists, historians and administrators. John Malcolm mentioned Dhār in 1822, along with building projects such as the dams planned and completed by King Bhoja. Earlier in September last year, the guards reportedly found an idol of Goddess Vagdevi (another name for Goddess Saraswati – the Hindu goddess of learning/knowledge) between September 9-10. However, the administration had denied the claim of the idols ‘appearing’ and removed it.

What the Court order on Bhojshala says:

The two-judge bench noted that it is important to demystify the nature and character of the complex to remove confusion, thus ordering a scientific survey of the Bhojshala complex.

The bench observed, “The detailed arguments at the bar by all the contesting parties fortifies the Court’s belief and assumption that the nature and character of the whole monument admittedly maintained by the Central Government needs to be demystified and freed from the shackles of confusion.” Additionally, the court further ruled that the survey proceedings should be photographed and videographed in the presence of two representatives nominated by each side.

The bench noted that it is the constitutional as well as statutory obligation of the ASI to have a scientific survey, study convened at the earliest of the Bhojshala Temple cum Kamal Maula Mosque.

It said, “Get the survey done. Photos and videos should be made. The report should be given to the court before April 29, during the next hearing.”

The court also observed that the Government has the constitutional obligation to ensure the preservation and protection of not only the ancient monuments and structures including temples of archaeological and historical importance, but also of sanctum sanctorum as well as the deity of spiritual importance.

“There is a constitutional duty even to sanction funds for providing basic amenities to pilgrims, proper arrangements for shelter places, maintenance of law and order, and the preservation of purity and pristine character of the deity,” it added.

The ASI has been directed to undertake a detailed scientific investigation through carbon dating of various structures “both above and beneath the ground”. It also has to open locked or sealed rooms, and halls and prepare a complete inventory of every artifact, idol, deity, or any structure without “destroying, defacing, destructing the original nature of the whole complex”.