The Indore Bench of the Madhya Pradesh High Court on Monday granted all parties two weeks’ time to file their objections, views, suggestions and recommendations on the Archaeological Survey of India’s (ASI) scientific survey report concerning the Bhojshala temple–Kamal Maula Mosque complex in Dhar district. The matter has been listed for further hearing on March 16.
The Bhojshala complex is claimed by the Hindu side as a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim side regards the structure as the Kamal Maula Mosque, an 11th-century monument. The site is protected by the ASI.
The ASI conducted a scientific survey of the complex pursuant to directions of the High Court and submitted a detailed report on July 15, 2024. The report was initially filed in a sealed cover. On January 22, the Supreme Court directed the High Court to open the sealed report.
A division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi recorded that the report has already been opened and copies supplied to the parties. The Court noted that the parties had not yet placed their objections or responses on record.
“In view of this situation, the parties are granted two weeks to submit their objections, opinions, suggestions and recommendations on the report,” the bench directed.
According to submissions made by the parties, the chapter titled “Brief findings of the survey” in the ASI report states that scientific examination of archaeological remains—such as architectural fragments, sculptural pieces, inscribed slabs and Nagakarnika inscriptions on pillars—suggests the existence of a large structure associated with literary and educational activities at the site.
The report, as cited by the parties, further states that the pre-existing structure could be dated to the Paramara period based on scientific investigations and archaeological evidence. It also records that the existing structure was made using parts of earlier temples, following study and analysis of retrieved architectural remains, sculptures and inscriptions.
Counsel for petitioner organisation Hindu Front for Justice, Advocate Vinay Joshi, stated that the ASI conducted a 98-day scientific survey and prepared a report exceeding 2,000 pages in 10 volumes, which includes descriptions of coins, symbols associated with Sanatan Dharma and idols of deities found at the site. He added that the nature of the complex would ultimately be determined by the Court.
Three individuals who offer Friday prayers at the Kamal Maula Mosque have filed intervention applications in the High Court proceedings. Their counsel, Advocate Ashhar Warsi, contended that the dispute involves questions of fact that should first be examined by a civil court and argued that the petitions are presently not maintainable before the High Court.
Following earlier disputes over the site, the ASI issued an order on April 7, 2003, permitting Hindus to perform पूजा at the complex every Tuesday and Muslims to offer namaz on Fridays.
The High Court will next consider the matter after receiving the parties’ objections to the ASI report on March 16.
