Indore: In a landmark judgment with far-reaching implications for disputes involving historically contested religious sites, the Madhya Pradesh High Court on Friday declared that the Bhojshala-Kamal Maula complex in Dhar is fundamentally a temple dedicated to Goddess Saraswati. The verdict, delivered by a Division Bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi, recognised the site’s religious and historical character as a Hindu temple and set aside a 2003 Archaeological Survey of India (ASI) order that had permitted Muslims to offer namaz within the premises.
Drawing heavily from archaeological evidence, historical literature, constitutional principles, and precedents established by the Supreme Court in the Ayodhya judgment, the High Court held that the Bhojshala complex was originally a temple and centre of Sanskrit learning established under King Bhoj.
The Bench unequivocally observed that the “religious character of the disputed area” is that of “Bhojshala with a temple of Goddess Saraswati.” The Court noted that Hindu worship at the site had never completely ceased over the centuries, despite historical disruptions and structural modifications during periods of foreign rule.
The Court stressed that governments have a constitutional responsibility not merely to conserve old structures, but also to protect their sanctity and historical identity. Referring to Articles 25 and 26 of the Constitution, the Bench highlighted the importance of safeguarding the religious rights of devotees while ensuring proper preservation of ancient monuments.
One of the most crucial aspects of the ruling is the Court’s reliance on archaeological findings and multidisciplinary historical studies. The ASI survey report submitted before the High Court in 2024 had stated that the present structure was constructed using components of earlier temples. Decorated pillars, mutilated deity carvings, temple-style architecture, and sculptural remains were identified during the survey, lending support to the argument that the mosque structure incorporated remnants of a pre-existing Hindu temple.
The Court accepted these findings and observed that such archaeological material could not be ignored while determining the religious character of the site. The Bench stated that historical references consistently described Bhojshala as a renowned centre of Sanskrit education and a place associated with the worship of Goddess Saraswati, the Hindu deity of wisdom and learning.
Importantly, the High Court quashed the 2003 ASI notification that had restricted Hindu worship while allowing Muslim prayers within the complex. The Court held that the order failed to appropriately recognise the site’s original religious identity. At the same time, the Bench attempted to balance competing religious interests by stating that members of the Muslim community may apply to the State government for alternative land within Dhar district for the construction of a mosque or prayer site.
The Bench emphasised the need for “complete justice between the parties” while simultaneously restoring the temple’s recognised character.
The Court also directed the Union Government and the ASI to determine the future administration and management structure of the temple complex. While the ASI will continue to retain supervisory control over conservation and preservation activities, the broader management of religious affairs is expected to be decided in accordance with the judgment.
Another notable direction issued by the Court relates to the idol of Goddess Saraswati, believed to have been removed during British rule and taken to a museum in London. The High Court directed the Government of India to consider representations seeking the return and reinstallation of the idol at the Bhojshala complex.
The case itself originated from a batch of petitions filed by Hindu organisations and devotees who challenged the ASI’s earlier arrangement permitting namaz at the site. Petitioners argued that the complex had always been a Hindu temple and that the rights of worshippers under Article 25 of the Constitution were being infringed. They also contended that the monument represented a vital part of India’s cultural and civilisational heritage.
The verdict gains further significance because it comes after extensive judicial scrutiny, including a physical inspection of the site by Justice Vijay Kumar Shukla earlier this year. The Court’s direct engagement with the layout and structural details of the complex appears to have played an important role in its final conclusions.
For the supporters of the judgment, the decision is being seen as a reaffirmation of historical truth supported by archaeological evidence rather than mere religious assertion. By recognising Bhojshala as a temple dedicated to Goddess Saraswati, the Madhya Pradesh High Court has delivered a verdict that many believe restores both the spiritual identity and historical legacy of one of central India’s most significant heritage sites.
