Bhojshala row reaches SC as plea challenges HC order declaring site a temple

New Delhi: An appeal challenging the Madhya Pradesh High Court's ruling that declared Bhojshala-Kamal Maula Mosque complex in Dhar as a Hindu temple has been filed in the Supreme Court.

The High Court had on May 15 held that the religious character of the structure is of a temple. One Qazi Moinuddin has moved the apex court against the said ruling.

Also Read: MP High Court recognises Bhojshala as temple, sets aside ASI order permitting Muslim prayers at Kamal Maula mosque-linked site


"The disputed area of Bhojshala complex and Kamal Maula Mosque is held to be a protected monument. The religious character of the disputed area of the Bhojshala complex and Kamal Maula Mosque is held to be Bhojshala with a temple of Goddess Saraswati," the High Court ruled on May 15.

The HC had quashed the order passed by Archeological Survey of India (ASI) in 2003 by which Muslims had been granted permission to hold prayers at the site. Muslims may apply to the state for an alternative site for the construction of a mosque, the HC ruled.

The HC further held that historical literature and archeological references established the site as a centre of Sanskrit learning with the existence of a temple dedicated to Goddess Saraswati.

Also Read: Bhojshala case: Muslims to offer namaz at homes in Dhar on first Friday after HC order

The court said that it relied on archeological and historical facts and arrived at the conclusion based on the precedent laid down by the Supreme Court in the Ayodhya case.

The Government of India (GoI) and the ASI were directed to decide on the administration and management of the affairs of the temple. ASI will continue to have overall administration and management of the property, the HC directed.