Indore (Madhya Pradesh): The Indore Bench of the Madhya Pradesh High Court on Monday said it will personally visit the disputed Bhojshala complex in Dhar before April 2 in view of the “numerous disputes” related to the Archaeological Survey of India (ASI)-protected structure.
Hearing a batch of petitions related to the Bhojshala dispute, a Division Bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi said it would inspect the complex before the next hearing scheduled for April 2.
“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,” the Bench said during the proceedings.
The court clarified that no party involved in the case will be allowed to remain present at the disputed site during the inspection.
The Hindu community considers Bhojshala a temple dedicated to Goddess Saraswati, while the Muslim side claims that the 11th-century monument is the Kamal Maula Mosque.
As per an ASI order issued on April 7, 2003, Hindus are allowed to worship at the complex every Tuesday, while Muslims are permitted to offer namaz there every Friday.
“The High Court also considered several interlocutory applications during the hearing. Applications seeking intervention in the case were allowed, with the court clarifying that intervenors will have the right to be audience during the final hearing and may submit supporting documents through affidavits,” said advocate Vinay Joshi, representing Hindu Front For Justice.
“We will give all parties involved in the case a full opportunity to be heard,” the Bench said.
The court also directed all parties to submit objections, opinions or suggestions regarding the ASI report if they have not already done so.
The disputed complex in Dhar is protected by the ASI, which conducted a scientific survey following the High Court’s earlier directions and submitted a detailed report.
According to the report, which spans more than 2,000 pages, a large structure dating back to the reign of the Paramara kings of Dhar existed at the site before the construction of the mosque. The report states that the present structure was built using parts of earlier temples.
The report also mentions the discovery of architectural remains, sculptural fragments and large slabs bearing inscriptions with literary texts, as well as Nagakarnika inscriptions on pillars, suggesting that a major structure associated with literary and educational activities once existed at the site.
Based on scientific investigations and archaeological evidence recovered during the survey, the report states that the earlier structure dates back to the Paramara period.
Muslim side questions ASI survey
The Muslim side, however, has disputed the claim and questioned the survey, alleging the ASI ignored its earlier objections and included "objects placed in the disputed complex" in the survey.
Abdul Samad, leader of the Maulana Kamaluddin Welfare Society, one of the petitioners on the Muslim side, said, "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 claimed that statues belonging to the Jain and Buddhist communities were also found during the survey of the disputed complex.
