Bhojshala–Kamal Maula mosque dispute: No clear evidence of Saraswati temple at Bhojshala: MP HC told

The Muslim side in the Bhojshala Temple–Kamal Maula Mosque dispute told the Madhya Pradesh High Court that the complex has historically been recorded as a mosque in revenue records, with no clear evidence of a Saraswati temple established by Raja Bhoj.

Indore (MP):  The disputed Bhojshala Temple-Kamal Maula Mosque complex has historically been registered as a ‘mosque’ in revenue records and available sources don’t clearly mention any Saraswati temple established by then-king Raja Bhoj, the Muslim side told the Madhya Pradesh High Court on Wednesday.

The Hindu community considers Bhojshala a temple dedicated to Goddess Saraswati, while the Muslim side calls the 11th century monument Kamal Maula Mosque. The disputed complex in Dhar district is protected by the Archaeological Survey of India (ASI).

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Qazi Moinuddin, who claims to be a descendant of Sufi saint Maulana Kamaluddin Chishti and the ‘Sajjadanashin’ (spiritual head, guru, or successor of a Sufi shrine, khanqah, or religious site), was represented by his lawyer, Noor Ahmed Sheikh, before an Indore bench of Justices Vijay Kumar Shukla and Justice Alok Awasthi hearing the case.

Moinuddin has questioned two public interest litigations (PILs) filed as intervenors in the Bhojshala case by an organisation named Hindu Front for Justice, one Kuldeep Tiwari and another individual.

These petitions state that Bhojshala is actually a Saraswati temple and that only Hindus should be granted the right to worship at the disputed complex.

Moinuddin’s lawyer, Sheikh, claimed in the court that his client’s ancestors, who are descended of Maulana Kamaluddin Chishti, have historically held titles to the complex, and that the site was also recorded as a “mosque” in government revenue records.

He contended that those associated with the management of the Kamal Maula Mosque, located within the complex, have been in “continuous and peaceful occupation” of the site for a long time.

Citing Muslim law, Sheikh argued that in the case of religious property, particularly a mosque or its related properties, officials such as the Sajjadanashin and Mutawalli (person entrusted with management, maintenance, and administration of a Waqf), and their descendants not only have the right to intervene, but also have the right to manage and use such a structure.

The Muslim side’s lawyer cited provisions of the Ancient Monuments Preservation Act 1904, stating that the term “in-charge of the property” is used in this law, which makes it clear that the person or party who has been in charge of a property for a long time has rights over it.

During the hearing, Touseef Warsi, the lawyer representing the Maulana Kamaluddin Welfare Society of Dhar, claimed that Hindu parties in both PILs had made “misleading representations” regarding historical facts before the High Court.

He claimed available historical sources do not clearly mention the existence of a Saraswati temple established by Raja Bhoj, the legendary king of the Parmar dynasty who ruled Dhar from 1010 to 1055.

Warsi submitted that the ASI, a central government agency, has adopted three different positions in the lawsuits filed regarding the Bhojshala dispute, changing its answers from time to time, and this situation raises serious questions about judicial scrutiny of the complex.

He raised objections regarding the ASI’s process of scientific survey of the Bhojshala complex, carried out on the HC order in 2024, and the method of videography and requested the court to examine these objections.

The hearing in the Bhojshala case will continue on Thursday.

The High Court has been regularly hearing four petitions and one writ appeal since April 6, contesting the religious nature of the monument.