AIMPLB backs SC challenge to Bhojshala HC verdict declaring it a temple
Synopsis
Key Takeaways
The All India Muslim Personal Law Board (AIMPLB) on Saturday, 16 May announced its full support for the Kamal Maula Mosque Committee's plan to challenge in the Supreme Court the Madhya Pradesh High Court verdict in the Bhojshala-Kamal Maula Mosque dispute. The High Court, in its ruling on Friday, declared the mosque complex a Saraswati temple — a decision the AIMPLB has squarely rejected as contrary to historical and legal fact.
AIMPLB's Rejection of the Verdict
Board spokesperson S.Q.R. Ilyas said the High Court judgment is contrary to historical facts, official records, archaeological evidence, and even the earlier position of the Archaeological Survey of India (ASI). He argued that the ruling gives primacy to a presumed ancient temple and a civilizational narrative, while disregarding the centuries-old status of the mosque, official documentation, and the constitutional principle of preserving the religious character of places of worship as they stood at the time of Independence.
ASI's Earlier Position and the 2003 Arrangement
Ilyas pointed out that for decades, ASI's official records and signboards described the site as 'Bhojshala Kamal Maula Mosque' — amounting, he argued, to official recognition of its disputed and shared religious status. Under an administrative arrangement dating to 2003, Hindus were permitted to offer puja on Tuesdays, while Muslims were allowed to offer Friday prayers. 'This arrangement itself was a clear acknowledgement that ASI recognised the historical claims and worship rights of both communities. Therefore, the High Court's decision to terminate this arrangement marks a departure from ASI's own earlier stand,' Ilyas said.
Disputed Architectural Evidence
The AIMPLB also contested the weight given to ASI's recent survey findings. Ilyas noted that ASI reportedly cited certain pillars, carvings, and architectural elements as evidence of a temple, but cautioned that many medieval Islamic structures incorporated reused material from earlier constructions. 'The mere presence of non-Islamic architectural remains cannot legally extinguish the centuries-old status of a mosque, nor can remnants of an earlier structure serve as conclusive proof of the present religious identity of a site,' he said. He added that literary and traditional references to Raja Bhoj and Sanskrit learning do not always constitute conclusive historical evidence, and that many religious sites across the subcontinent have transformed across different historical periods.
What Happens Next
The Kamal Maula Mosque Committee is expected to file a petition before the Supreme Court challenging the High Court's order. The AIMPLB has pledged to extend every possible support in this legal battle. The case is likely to test the boundaries of the constitutional principle protecting the religious character of places of worship, and could draw comparisons with other disputed-site litigations currently before the apex court.