Madhya Pradesh High Court Rules Bhojshala Complex Is Bhojshala With Temple of Goddess Vagdevi

Background of the Dispute

The long-standing dispute over the religious character and user rights of the Bhojshala and Kamal Maula Mosque complex at Dhar came to a decisive turning point with a recent judgment of the Indore Bench of the Madhya Pradesh High Court. The core controversy centred on whether the complex is fundamentally a Hindu temple dedicated to Goddess Vagdevi (Saraswati) or a mosque, and whether both communities could continue to use it on different days in terms of an earlier administrative arrangement.

Multiple writ petitions were filed challenging the legality of an order dated 7.4.2003 issued by the Archaeological Survey of India (ASI), which had:

  • Restricted Hindu worship to particular days, and
  • Permitted Friday namaz for the Muslim community within the same complex, effectively dividing the use of the monument by days of the week.

The High Court was called upon to examine:

  1. The true religious character of the disputed Bhojshala-Kamal Maula Mosque complex;
  2. The applicability of the Places of Worship (Special Provisions) Act, 1991 to this monument; and
  3. The legality and constitutional validity of the ASI’s 7.4.2003 order in light of fundamental rights and the governing heritage legislation.

Proceedings Before the Madhya Pradesh High Court

Petitions and Parties

The lead matter was Hindu Front For Justice (Regd. Trust No. 976) Through Its President Ms. Ranjana Agnihotri & Ors. Vs Union of India & Ors. in Writ Petition No. 10497 of 2022, which was heard along with WP No.10484/2022, WP No.8986/2026, WP No.28334/2019 and WA No.559/2026.

The primary petitions filed by Hindu organisations sought:

  • A scientific and comprehensive survey of the complex to determine its original religious character;
  • A declaration that the monument is essentially Bhojshala with temple of Goddess Vagdevi; and
  • Unrestricted Hindu worship and associated religious use.

The Muslim side, represented inter alia by Maulana Kamlauddin Welfare Society and others, opposed the petitions, asserting that:

  • As on 15.8.1947, the site functioned as a mosque;
  • Section 4 of the Places of Worship (Special Provisions) Act, 1991 froze the religious character of the site as a mosque; and
  • Consequently, the petitions were not maintainable and the 2003 ASI order allowing Friday namaz ought to remain.

Direction for ASI Survey

In 2022, acting on the plea of Hindu Front for Justice, the Madhya Pradesh High Court ordered a detailed scientific survey of the complex by the ASI. By order dated 11.3.2024, the Court directed ASI to undertake a systematic study.

The survey was conducted between 22.3.2024 and 30.6.2024 over approximately one acre. ASI’s findings became central to the adjudication and included, among other things:

  • Discovery of 94 sculptures;
  • More than 150 Sanskrit inscriptions;
  • Structural and architectural elements consistent with a Hindu temple constructed in 1034 AD during the reign of Raja Bhoj; and
  • Evidence that later conversion for use as a mosque involved re-use of pre-existing temple materials and structures.

Supreme Court’s Intervention and Time-Bound Direction

Before the final hearing, the matter also reached the Supreme Court. A Bench led by CJI Hon’ble Mr Justice Surya Kant and comprising Hon’ble Joymalya Bagchi and Hon’ble Mr Justice Vipul M Pancholi passed an order in January, directing the Madhya Pradesh High Court to decide the controversy expeditiously after examining the ASI survey report.

Pursuant to this direction, the Division Bench at Indore heard the matter on a day-to-day basis from 6.4.2026 for 36 days before reserving judgment.

The Division Bench of Hon’ble Mr Justice Vijay Kumar Shukla and Hon’ble Mr Justice Alok Awasthi had to resolve multiple interlinked issues: