Supreme Court Agrees to Hear Muslim Side’s Appeals in Bhojshala-Kamal Maula Dispute

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The Bhojshala Kamal Maula dispute has reached the Supreme Court after the Muslim side challenged the Madhya Pradesh High Court’s ruling on the historic monument in Dhar. The Supreme Court agreed to hear the appeals against the judgment that recognized the ASI-protected 11th-century structure as a Hindu temple dedicated to Goddess Saraswati (Vagdevi). The upcoming hearing in the Bhojshala Kamal Maula dispute will examine whether the High Court’s directions comply with constitutional principles and existing laws.

High Court Set Aside 2003 ASI Arrangement

Earlier, on May 15, 2026, a Division Bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi delivered the disputed judgment.

The High Court struck down the Archaeological Survey of India’s (ASI) April 7, 2003 order. That order had allowed Hindus to perform puja on Tuesdays and Muslims to offer namaz on Fridays under a shared arrangement.

However, the High Court held that the arrangement unlawfully restricted the Hindu community’s right to worship. It also observed that Hindu worship at the site had continued historically and had never legally ended.

Competing Historical Claims

The High Court decided several writ petitions, including WP No. 10497/2022 filed by the Hindu Front for Justice.

The petitioners relied on archaeological evidence, historical records, and ASI survey reports. They argued that Raja Bhoj originally established the structure as a Sanskrit learning centre and a temple dedicated to Goddess Saraswati.

Meanwhile, the Muslim respondents, including the Maulana Kamaluddin Welfare Society, defended the site’s identity as the Kamal Maula Mosque. They relied on historical usage dating back to the Khilji period. They also cited a 1935 notification issued by the former princely State of Dhar that permitted Friday prayers. Therefore, they argued that the site’s religious status should not change retrospectively.

Supreme Court to Examine Legal Issues

The Supreme Court will now examine important questions involving religious rights, heritage conservation, and the interpretation of the Ancient Monuments Preservation Act, 1904.

Earlier, the High Court directed the Union Government and the ASI to manage the monument as a temple and educational centre. In addition, it asked the Madhya Pradesh Government to consider providing alternative land in Dhar for constructing a mosque.

The Supreme Court’s decision could set an important precedent on how courts should determine the religious character of ancient monuments by relying on archaeological and historical evidence.

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