The two-judge bench of the Madhya Pradesh High Court declared theBhojshala complexto be a temple on Friday and quashed the Archaeological Survey of India (ASI) circular allowing Muslims to offer namaz there. The two-judge bench also said that the Muslim side can also approach the Supreme Court and can ask for a separate land for the Mosque in Dhar district.

"We have found that nothing ever interrupted the continuity of Hindu worship at this site. We record this conclusion that historical literature and records establish that the character of the disputed area was that of a Bhojshala — a centre of Sanskrit learning associated with King Bhoj of the Paramara dynasty," the court said while pronouncing the judgment.

The court, however, said the Muslim side can also approach the Supreme Court and added that the state government should provide alternate land to the Muslim side. The state Government has been directed to provide alternate land to the Muslim side.

After the verdict, advocate Vishnu Shankar Jain said, "The Indore High Court has delivered a historic verdict, partially setting aside the ASI's order dated April 7, 2003. Furthermore, the Court has granted the Hindu side the right to worship and has recognised the Bhojshala complex as belonging to Raja Bhoj. Regarding our demand for the repatriation of the idol currently housed in a London museum, the Court has directed the government to consider this request; the Court also noted that the Muslim side is free to present its views before the government as well."

Waqar Sadiq, 'Shahar Qazi’ or head cleric of Dhar city, said they will challenge the court order in the Supreme Court.

The ASI, which had been asked to conduct a detailed survey, submitted its report before the high court on July 15, 2024.

According to the parties, the chapter titled 'Brief findings of the survey' in the report stated, citing scientific examination of archaeological remains, that "retrieved architectural remains, sculptural fragments, large slabs of inscriptions with literary texts, Nagakarnika inscriptions on pillars, etc. suggest that a large structure associated with literary and educational activities existed at the site."

Based on scientific investigations and archaeological remains recovered during the investigations, this pre-existing structure can be dated to the Paramara period, it said.

For Hindus, the Bhoj Shala complex is a temple dedicated to Goddess Vagdevi (Saraswati), while for Muslims, it is the site of the Kamal Maula mosque. According to an arrangement in 2003, Hindus perform puja at the complex on Tuesdays from sunrise to sunset, while Muslims offer namaz on Fridays from 1 pm to 3 pm.

According to the parties, the detailed report further said, "Based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, it can be said that existing structure was made from the parts of earlier temples."

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