The Supreme Court on April 1, upheld the decision by Madhya Pradesh High Court on ASI in the disputed Bhojshala Saraswati Mandir located in Dhar district. The court issued a notice against the plea challenging the survey and allowed the ASI team to carry on the ‘scientific survey’ going on in the campus.
A bench of justices Hrishikesh Roy and Prashant Kumar Mishra sought a response of the Central and State governments and the ASI in the matter but refused to stay the survey.
It also clarified that no physical excavation should be taken in disputed sites which will change its character.
What does the court say?
Maulana Kamaluddin Welfare Society approached the Supreme Court against the Madhya Pradesh High Court order directing the Archeological Survey of India to conduct a survey in the disputed site “Bhojshala Maa Vaghdevi Mandir/ Kamal Maula Masjid”.
The Madhya Pradesh High Court recently allowed the survey by the ASI at the Bhojshala Maa Vagh Devi Temple-Kamal Maula Mosque complex. Hindus consider Bhojshala, to be a temple dedicated to Vagdevi, while Muslims call it as the Kamal Maula Mosque.
The high court, in its order, stated, “It is contended on behalf of the petitioners while pressing the interlocutory application that survey by the Archaeological Survey of India (ASI) is a statutory duty, which the ASI ought to have performed long back.”
“Any other study, investigation, or inquiry, which the said five (5) member committee of the ASI feel it is necessary to be undertaken without “destroying, defacing, or destructing the original nature of the whole complex be undertaken, towards ascertaining the true nature and character of the Bhojshala Temple cum Kamal Maula Mosque for arriving at the truth,” it added.
The order said that the right to worship and perform rituals in the disputed premises shall be considered only after receipt of the aforementioned report from the Expert Committee.
“All other issues and submissions relating to the relief as claimed by the petitioners or the right to worship and perform rituals in the disputed premises shall be considered and determined only after receipt of the aforementioned report from the Expert Committee. The issue relating to validity of the wakf created on the disputed complex; that of granting the relief in the writ proceedings or relegating the petitioners to the Civil Suit for claiming those reliefs will all be determined and adjudicated post the receipt of a report from the Five
Member Committee of the ASI as aforementioned,” the High Court said.
The high court has also ordered the ASI committee to submit the report of the survey within a period of six weeks from the date of receipt of the order. The high court has directed to survey with the latest methods and techniques.
Notably, on March 22, the team officials of the ASI began a survey at the campus. The development came after the order of Madhya Pradesh High Court (Indore Bench).
Organiser’s ground visit
Prior to the court order, Organiser made a ground visit to bring the details to our readers. The Bhojshala complex serves as a temple on Tuesdays and a mosque on Fridays and becomes a common monument on weekdays, allowing visits with a ticket of Rs 1 per person. The structure is being taken care of by the security personnel deployed by the ASI.
What the Hindu side claim?
The Hindu side claims the structure to be Maa Vaghdevi temple dating back to 1000 to 1055 AD when it was built by the king Bhoj of the Parmar dynasty who had an unwavering dedication to enlightenment and scholarship manifested in the establishment of a prestigious college in Dhar, which later evolved into the renowned Bhojshala. Drawing scholars from far and wide, this bastion of learning nurtured disciplines ranging from music and Sanskrit to astronomy and philosophy, earning its reputation as the world’s foremost Sanskrit academy.
However, amidst the pursuit of knowledge, the sanctuary of Bhojshala endured turbulent times. Throughout the annals of history, waves of turmoil swept over the hallowed grounds, orchestrated by successive Muslim monarchs between 1305 and 1514 AD. The destructive fervour culminated in the ruthless onslaught of Alauddin Khilji in 1305 AD, marking the first of many assaults on the majestic temple.
In the early 2000s, the sanctuary became embroiled in a political maelstrom, as administrative decisions threatened its sanctity. With the backing of the Congress government, the Muslim community was granted permission to offer prayers within the premises, while Hindu devotees faced prohibitions and police cases. The ensuing conflict bore witness to acts of violence and resistance, culminating in a legal battle that saw the faithful reclaim of their right to worship.
Yet, the struggle persists, as the matter remains entangled in the labyrinth of legal proceedings. With the recent court order for an ASI survey, hope flickers anew—a beacon of justice illuminating the path towards resolution for a place where faith and heritage converge.
What the Muslim side claim?
Organiser also visited the Kamal Maula Mazar and conversed with the caretaker, Niyazuddin, to gain insight into their beliefs. Niyazuddin, a claimed descendant of Kamaluddin and the 19th generation serving as Khadims at the Mazar, recounted its existence for over 700-800 years. According to him, Kamaluddin, hailing from Punjab, served the region for over 40 years, revered by Muslims for his healing abilities.
When questioned about the claim regarding the Bhojshala complex, he refrained from commenting due to its sensitivity, insisting it is a mosque and will remain so, despite observations suggesting otherwise. He explained the presence of a Hawan Kund, interpreted as a ‘Wuzukhana’ by Muslims.
Similarly, he elaborated on the Saraswati Koop, known as ‘Akkal Kua’ by Muslims, attributing its significance to Jamaluddin, who arrived from Madina. It is believed that Jamaluddin lost his lash in Madina, only to find it in Malwa, transforming the kua’s water into ‘Shifa ka Pani’/ Aabe Jam Jam. However, when this correspondent inspected, there was no water found, only coins atop the locked grills.
Beyond the Akkal Kua, a curtain concealed the wall of Bhojshala, serving as a dumping ground for waste from the Mazar. A structure resembling a grave, labelled as Jamaluddin’s Mazar, stood nearby. It was a similar site as in Gyanvapi where waste was dumped beside the temple.
