On Wednesday, the Madhya Pradesh high court issued notices to the Archaeological Survey of India (ASI), the Centre, and the state government in response to a petition concerning a dispute over the Bhojshala monument in the state’s Dhar district. Bhojshala is an ASI-protected 11th-century monument that Hindus claim is a Vagdevi (Goddess Saraswati) temple, while Muslims call it Kamal Maula Mosque.
According to an agreement reached by the ASI on April 7, 2003, Hindus perform puja on Tuesdays and Muslims offer namaz on Fridays in the complex. Hindu Front for Justice filed public interest litigation (PIL) on May 2 this year, challenging the ASI order of April 7, 2003, which imposed restrictions on Hindus to worship at Bhojshala daily.
According to Harishankar Jain, the petitioner’s lawyer, a division bench of justices Vivek Rusia and Amarnath Keshwarwani issued notices to the ASI, the Centre, and the state government, seeking responses to the petition. The high court’s Indore bench also issued notices to the Maulana Kamaluddin Welfare Society, which is linked to a mosque on the Bhojshala grounds.
“Under Article 25 of the Indian Constitution, only Hindus have a fundamental right to perform puja (prayer) and rituals at the shrine of Goddess Vagdevi/ Saraswati within the premises of ‘Saraswati Sadan,’ commonly known as ‘Bhojshala,’ in Dhar,” the petition claimed. “Muslim community members have no right to use any part of the aforesaid property for any religious purposes,” it added.”
According to Harishankar Jain, the petitioner’s lawyer, a division bench of justices Vivek Rusia and Amarnath Keshwarwani issued notices to the ASI, the Centre, and the state government, seeking responses to the petition. The high court’s Indore bench also issued notices to the Maulana Kamaluddin Welfare Society, which is linked to a mosque on the Bhojshala grounds.
“Under Article 25 of the Indian Constitution, only Hindus have a fundamental right to perform puja (prayer) and rituals at the shrine of Goddess Vagdevi/ Saraswati within the premises of ‘Saraswati Sadan,’ commonly known as ‘Bhojshala,’ in Dhar,” the petition claimed. “Muslim community members have no right to use any part of the aforesaid property for any religious purposes,” it added.”
The PIL also requested that the court order the Centre to return the Goddess Saraswati idol from the London Museum in the United Kingdom and reinstall it within the Bhojshala complex. The holy statue was installed at Bhojshala by the then rulers of Dhar in 1034 AD, and it was taken to London by the British in 1857.
The petitioners also requested interim relief, including radiocarbon dating to determine the age of the Bhojshala complex and excavation of land/floor area in and around the complex to determine the nature of construction or any materials found there. “We have now begun fighting legally to reclaim our religious places,” said one of the petitioners, Ashish Goyal. ” The court found our petition comprehensive and issued notice.”
The petitions will most likely be heard at the next hearing on June 27.
“Earlier too, some Rashtriya Swayamsevak Sangh RSS leaders attempted to prohibit Muslims from offering prayer in the complex, but they failed,” Mujeeb Qureshi, former president of the Madhya Pradesh Congress committee’s minority cell, said. “We will present our side before the court,” Qureshi said, referring to the Bhojshala issue in Dhar.