The Madhya Pradesh High Court on Monday said it will conduct an on-site inspection of the Bhojshala Temple–Kamal Maula Mosque complex in Dhar before April 2, citing the “numerous disputes” surrounding the Archaeological Survey of India (ASI)-protected monument.
A division bench comprising Justices Vijay Kumar Shukla and Alok Awasthi made the observation during the hearing of petitions concerning the disputed structure. The court has scheduled the next regular hearing in the matter for April 2.
During the proceedings, the bench indicated that it intends to personally examine the site before the next hearing.
“In view of the numerous disputes, we would like to visit the complex and inspect it. We will visit the complex before the next date (April 2),” the court said in its oral remarks.
The bench clarified that no party involved in the case would be allowed to remain present at the disputed complex during the judges’ visit.
Following detailed arguments from both sides, the court admitted separate interim applications filed in the case. It also allowed the parties to place documents and affidavits in support of those applications.
“We will give all parties involved in the case a full opportunity to be heard,” the High Court said.
The Bhojshala complex in Dhar is protected by the Archaeological Survey of India and has long been at the centre of competing claims by Hindu and Muslim groups.
The Hindu community considers Bhojshala to be a temple dedicated to Goddess Saraswati. The Muslim side, however, maintains that the structure is the Kamal Maula Mosque, an 11th-century monument.
Under an ASI order dated April 7, 2003, Hindus are permitted to perform worship at the complex every Tuesday, while Muslims are allowed to offer namaz there every Friday.
Pursuant to earlier High Court directions, the ASI conducted a scientific survey of the complex and submitted a detailed report exceeding 2,000 pages.
According to the report, evidence indicates that a large structure dating back to the reign of the Parmar kings of Dhar existed at the site before the mosque. It further states that the present disputed structure appears to have been constructed by reusing architectural components from earlier temples.
The report refers to retrieved architectural remains, sculptural fragments, large slabs containing inscriptions with literary texts, and Nagakarnika inscriptions found on pillars. These materials, it said, suggest the existence of a large structure associated with literary and educational activities.
The ASI noted that based on scientific investigations and archaeological remains recovered during the survey, the earlier structure could be dated to the Paramara period.
“Based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, it can be said the existing structure was made from the parts of earlier temples,” the report stated.
It further observed that the decorated pillars and pilasters appear to have originally formed part of earlier temples and were later reused while constructing the mosque’s colonnades on a high basalt platform.
Petitioners from the Hindu community have approached the High Court seeking determination of the religious nature of the entire complex. They argue that coins, sculptures, and inscriptions found during the ASI survey demonstrate that the structure was originally an ancient temple.
The Muslim side has disputed these conclusions and questioned the manner in which the survey was conducted. They allege that the ASI ignored earlier objections and included “objects placed in the disputed complex” in its findings.
Abdul Samad, leader of the Maulana Kamaluddin Welfare Society and one of the petitioners from the Muslim side, told PTI that an application has been filed in the High Court seeking access to the complete ASI survey along with videography and colour photographs.
“We have filed an application in the High Court requesting that the entire ASI survey be provided with videography and colour photographs so that we can prove how some of the items in the survey were included in a pre-planned manner,” Samad said.
He also claimed that statues belonging to Jain and Buddhist traditions were found during the survey of the disputed complex.
Samad added that the Waqf Board and a mutawalli — a person responsible for managing and administering Waqf property — have also filed applications in the pending proceedings related to the complex.
