The Madhya Pradesh High Court declared the disputed Bhojshala-Kamal Maula Mosque complex in Dhar as a Saraswati temple on May 15, 2021 [2].
The ruling settles a long-standing religious dispute over the site and establishes a legal precedent for how historical evidence and worship continuity influence property rights in India.
In its verdict, the court barred the performance of namaz inside the complex [2]. The judges also quashed a 2003 order [1] from the Archaeological Survey of India (ASI) that had previously governed the site's status. To address the loss of the prayer space, the court directed the state government to consider allocating alternate land for the construction of a mosque [3].
The court based its decision on survey findings from the ASI and various historical records [1]. Judges noted the continuity of Hindu worship at the site and applied legal principles established in the Ayodhya verdict [1, 3]. These factors led the court to conclude that the structure is fundamentally a temple.
Reacting to the decision, Ashish Goyal said the verdict is "a win for Sanatan and the whole Hindu community" [4].
The court's decision emphasizes the weight of archaeological evidence in resolving contested religious sites. By citing the Ayodhya case, the court aligned the Bhojshala ruling with a broader judicial trend of prioritizing historical and religious continuity over existing administrative orders.
“The Madhya Pradesh High Court declared the disputed Bhojshala-Kamal Maula Mosque complex in Dhar as a Saraswati temple”
This ruling reflects the continuing influence of the Ayodhya verdict on Indian jurisprudence regarding disputed religious sites. By prioritizing ASI findings and historical continuity of worship over the 2003 administrative order, the court has reinforced a legal framework where archaeological evidence can override existing land use, potentially impacting other contested sites across India.
