A Division Bench headed by the Chief Justice of the Madhya Pradesh High Court will hear all pending cases relating to the Bhojshala Temple–Kamal Maula Mosque complex dispute in Dhar. The matters have been listed before the principal bench at Jabalpur after being transferred from the Indore bench.
According to counsel for the petitioner organisation Hindu Front for Justice, four writ petitions pending before the Indore bench have been transferred to the Jabalpur principal bench. A writ appeal concerning the same dispute was already pending at Jabalpur. All five matters will now be heard together by a bench led by the Chief Justice.
The Indore bench ordered the transfer on Monday, stating that the cases should be placed before the Chief Justice for appropriate directions so they may be heard along with the writ appeal already pending before the principal bench.
The transfer follows directions issued by the Supreme Court on January 22. The apex court noted that the Archaeological Survey of India (ASI) had completed its scientific survey of the disputed complex and submitted its report to the High Court in a sealed cover.
The Supreme Court directed the High Court to:
- Unseal the ASI report
- Provide copies to the parties
- Permit filing of objections
The Court further observed that the matter should proceed to final hearing after objections are filed.
The apex court also directed the parties to maintain status quo at the site and to continue complying with the ASI’s April 2023 arrangement governing worship and prayers at the complex.
Additionally, the Supreme Court stated that the main writ petition pending before the Indore bench, the writ appeal pending before the Jabalpur bench, and other connected matters should be heard together by a Division Bench presided over by the Chief Justice or the senior-most judge of the High Court.
The Bhojshala–Kamal Maula complex is a protected monument under the ASI. The Hindu side claims it to be a temple dedicated to Goddess Saraswati, while the Muslim side regards it as the Kamal Maula Mosque.
Under the ASI’s April 2023 order, the current arrangement permits:
- Hindu worship every Tuesday
- Muslim namaz every Friday
This arrangement continues to remain in force pursuant to the Supreme Court’s direction to maintain status quo.
All related petitions and the writ appeal will now be heard together by the Chief Justice-led Division Bench at the Jabalpur principal seat of the Madhya Pradesh High Court.
