Madhya Pradesh: Dhar State Court Declared Bhojshala A 'Mosque' In 1935, Muslim Side Claims In MP High Court

Indore: The Muslim side in the Bhojshala Temple-Kamal Maula Mosque dispute has told the Madhya Pradesh High Court that a court in the Dhar state, a Maratha princely state in the Central India Agency during the British Raj, had declared the 11th-century structure a "mosque" in 1935, presenting this as a key legal basis during the ongoing hearing.

The matter is currently before the Indore bench of the high court, where proceedings have now entered their third consecutive week.

Muslim Side Cites 1935 Order

During Tuesday's hearing, senior advocate Shobha Menon, appearing for the Muslim side, presented detailed arguments before the division bench of Justices Vijay Kumar Shukla and Alok Awasthi. She referred to a purported "Ailaan" (government order) dated August 24, 1935, issued by the then Dhar State court, claiming it declared the disputed Bhojshala complex as a mosque, and allowed only namaz to be offered there in future.

Menon also referred to a civil suit filed 23 years ago and questioned the maintainability of Public Interest Litigations (PILs) filed by the Hindu Front for Justice and others. She argued that the Bhojshala dispute cannot be treated as a matter of broad public interest since it primarily concerns a specific religious community.

Temple Or Mosque: Long-Standing Dispute

The Bhojshala, located in Dhar district, is considered by the Hindu community to be a temple dedicated to Goddess Saraswati, while the Muslim side claims it as the Kamal Maula Mosque. The disputed complex is currently protected by the Archaeological Survey of India (ASI).

Earlier petitions in the matter had sought a ban on Friday (Jumma) namaaz and demanded that the site be declared a temple, highlighting the long-standing nature of the dispute.

Menon urged the high court to examine the issue on the basis of established legal principles rather than religious beliefs. She also pointed out contradictions in positions taken by the Madhya Pradesh government and the ASI over the years in multiple court cases regarding the structure's religious character, calling such inconsistencies legally untenable.

She further noted that Dhar was a princely state under the Bhopal Agency during British rule when the 1935 order was issued.

Both Sides Present Arguments

Advocate Shirish Dubey, representing the Hindu side, said that hearings have been held daily since April 6, with both sides presenting arguments before the division bench.

Meanwhile, Muslim petitioner Abdul Samad said that Menon challenged earlier petitions, including those filed in 2003, specifically questioning the pleas of Kuldeep Tiwari and others and arguing that the current PILs are not legally maintainable.

The high court will continue hearing the matter on Wednesday as it examines multiple petitions and a writ appeal related to the religious nature of the Bhojshala complex.

Also Read:

1. ‘Consider Muslim Side’s Objections To Survey’, SC To MP HC In Bhojshala-Kamal Maula Mosque Case
2. AIMPLB To SC: No Restriction On Women To Enter Mosque For Namaz