Bhojshala Case Verdict: MP High Court Says Structure Is a Saraswati Temple

The Madhya Pradesh High Court has ruled that the disputed Bhojshala complex in Dhar is a temple dedicated to goddess Saraswati and observed that Muslims may seek alternative land for a mosque. The judgment marks a major development in the long-running dispute over the religious character of the protected monument, where Hindus and Muslims had been offering prayers under a shared arrangement since 2003.

A division bench comprising Justices Vijay Kumar Shukla and Alok Awasthi also set aside the earlier order that permitted Muslims to offer namaz at the site on Fridays, while Hindus worshipped there on Tuesdays under an Archaeological Survey of India (ASI) arrangement.

Court Relies on Archaeological and Historical Evidence

In its order, the high court said its conclusions were based on archaeological findings, historical references and principles laid down by the Supreme Court in the Ayodhya verdict.

"We have considered the archaeological and historical facts, ASI notifications and survey report. On the anvil of the statutory provisions of the ASI act as well as on the basis of the precedent laid down in the Ayodhya case, and considering the nature of archeological evidence, the court can safely rely on the conclusions of such multi disciplinary studies by the ASI and the fundamental rights under Articles 25 and 26 of the Constitution of India," the court said in its order.

The bench further observed that historical literature and archaeological material pointed towards the existence of a Saraswati temple at the site, which it described as a major centre of Sanskrit learning in ancient times.

"There is a constitutional duty even to provide basic amenities to pilgrims, proper maintenance of law and order, and the preservation of the purity and pristine character of the deity. We have noted that the continuity of Hindu worship at the site has, over time, never been extinguished. We record finding that historical literature establishes the character of the disputed area as a centre of Sanskrit learning, along with literature and archaeological references indicate the existence of a temple dedicated to Goddess Saraswati," the bench stated.

Bhojshala Dispute and ASI Survey Findings

The Bhojshala complex, a protected monument under the ASI in Madhya Pradesh's Dhar district, has remained at the centre of competing religious claims for years. Hindu petitioners maintained that the site was originally a temple dedicated to goddess Vagdevi or Saraswati, while the Muslim side claimed it functioned as a mosque. A Jain petitioner had also argued that the structure was originally a Jain temple.

The dispute intensified after the court ordered a scientific ASI survey of the 11th-century structure between March and June 2024. Following the survey, the ASI submitted a detailed 2,200-page report to the court.

According to the report, the present structure was built using remains of earlier temples and the mosque structure standing there was constructed later. The report became a key point of debate during the hearings.

Hindu Side Sought Exclusive Worship Rights

Representing the Hindu side, advocates Vishnu Shankar Jain and Vinay Joshi, along with petitioner Ashish Goyal, argued that Bhojshala was fundamentally a Hindu temple and sought exclusive worship rights for Hindus.

The petitioners referred to the 1904 ASI report, which identified the idol of Vagdevi, now housed in the British Museum, and argued that the structure lacked essential features commonly associated with mosques.

The Hindu side maintained that historical records, inscriptions and architectural evidence supported their claim that the complex was originally a Saraswati temple.

Muslim Side Raised Questions Over Survey Process

The Muslim side, represented by senior advocates Shobha Menon and Salman Khurshid along with advocate Tausif Warsi, challenged both the ASI findings and the methodology used during the survey.

They argued that the religious character of Bhojshala had not been conclusively established and pointed out the absence of a consecrated idol or "Pran-Pratishtha" at the site.

The Muslim side also described the ASI report as biased and alleged procedural irregularities during the survey. Their objections included claims of unclear videography, the absence of carbon dating, the omission of a Gautam Buddha statue allegedly discovered during the survey, and the use of outdated techniques. They further alleged that certain raised platforms were removed despite court directions.