A Special Leave Petition (SLP) has been filed before the Supreme Court challenging the Madhya Pradesh High Court judgment that declared the Bhojshala–Kamal Maula complex in Dhar district a protected Hindu temple site and consequently barred Muslim worship, including namaz, at the premises.
Filed by Qazi Moinuddin, who had intervened in the proceedings before the High Court, the plea challenged the findings on the religious character of the disputed structure, contending that the verdict infringed the religious freedoms of the Muslim community under Articles 25 and 26 of the Constitution. It also raised substantial questions regarding the constitutional protection of places of worship and the state regulation of protected monuments.
On May 15, a Division Bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi held that the Bhojshala-Kamal Maula complex was a protected monument with a predominant association to Hindu worship and a temple dedicated to Goddess Saraswati (Vagdevi).
The High Court relied on historical literature, archaeological material from the site, and reports of the Archaeological Survey of India (ASI) to determine the religious character of the complex. It also recorded findings from a court-monitored survey undertaken pursuant to earlier directions, which indicated that the existing structure incorporated remnants of earlier temple architecture and supported the characterisation of the premises as a centre of Sanskrit learning.
In its operative directions, the High Court quashed a 2003 ASI notification that had permitted regulated, alternating access to the site for both communities, holding that the arrangement could not be sustained in light of its findings on the religious character of the monument. As a consequence, it held that Muslim prayers would not be permissible within the complex and observed that affected parties could seek alternative arrangements from the State government for offering namaz at an alternate site within Dhar district.
The Bench further directed the Union government and the ASI to take appropriate steps for administration and management of the protected monument while maintaining supervisory control over the site under the applicable statutory framework governing ancient monuments and archaeological sites. It also observed that any request for restoration of the idol of Goddess Saraswati, stated to have been removed during the colonial period, could be considered by the competent authorities in accordance with law.
The judgment was delivered in a batch of petitions arising from a long-standing dispute over the nature and usage of the Bhojshala–Kamal Maula complex, including challenges to the 2003 ASI arrangement that had permitted shared access to the site. The litigation involved competing claims by Hindu and Muslim parties over rights of worship and religious practice, as well as questions relating to the management of protected monuments under the Ancient Monuments and Archaeological Sites and Remains Act.
The matter now pending before the Supreme Court is expected to examine the High Court’s reliance on archaeological and historical material in determining religious character, the validity of the modified access regime under the statutory scheme governing protected monuments, and the constitutional balance between freedom of religion and regulatory control over heritage sites.
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