The Madhya Pradesh High Court on Friday asked the state government and other respondents to file their replies to a public interest litigation (PIL) asserting that a medieval Jain temple and gurukul existed within the disputed Bhojshala-Kamal Maula Masjid complex in Dhar district. The matter will now be taken up on April 2.
The petition, filed by Delhi-based social activist Salek Chand Jain before the Indore bench, seeks recognition of the Jain community’s right to worship at the site, which is currently protected by the Archaeological Survey of India (ASI). The complex has long been at the center of competing claims by Hindu and Muslim groups regarding its religious identity.
The dispute over the Bhojshala complex dates back years, with parallel proceedings already pending before the High Court. The Hindu side, relying on findings from an ASI scientific survey, maintains that the structure was originally a temple dedicated to Goddess Saraswati. In contrast, the Muslim side asserts that it is a mosque.
The latest PIL introduces a third dimension, claiming that the complex once housed a Jain temple along with a gurukul. It argues that followers of Jainism are entitled to worship at the site under Articles 25, 26, and 29 of the Constitution, which protect religious freedom and cultural rights.
Idol Identity and Repatriation Claim
The plea also disputes the identity of an idol associated with the site. While it is regarded by the Hindu community as that of Vagdevi (Goddess Saraswati), the petitioner contends that it is in fact an idol of Ambika, a Jain Yakshini, installed by King Bhoj of Dhar in 1034 AD.
According to the petition, the idol was discovered during British rule in 1875 and is currently housed in a museum in London. The petitioner has urged authorities to take steps to bring the statue back to India and reinstall it at the Bhojshala complex.
The ASI had conducted a scientific survey of the site pursuant to earlier High Court directions and submitted a detailed report running over 2,000 pages. The report indicates that a large structure dating back to the Parmar dynasty existed at the site before the present mosque structure, and that parts of earlier temple structures may have been reused.
Historically, the Parmar rulers governed the Malwa region, including present-day Dhar, between the 9th and 13th centuries.
During the hearing, respondents opposed the maintainability of the petition, arguing that the issue was not suitable to be adjudicated as a PIL.
A division bench comprising Justices Vijay Kumar Shukla and Rajesh Kumar Gupta directed the respondents to submit their objections or replies before the next date of hearing.
The Bhojshala complex has been governed by an ASI order issued on April 7, 2003. Under this व्यवस्था, Hindus are allowed to perform पूजा at the site every Tuesday, while Muslims offer नमाज there on Fridays.
With the introduction of claims by the Jain community, the High Court is now set to examine yet another facet of the long-standing dispute surrounding the historical and religious character of the site.
