Bhojshala SC petition: Muslim side challenges MP HC temple ruling
Synopsis
Key Takeaways
The Muslim side has moved the Supreme Court challenging the Madhya Pradesh High Court's landmark ruling that recognised the Bhojshala complex in Dhar as a Hindu temple and granted exclusive worship rights to the Hindu community. The Special Leave Petition (SLP), filed by Quazi Moinuddin, has been registered as Diary No. 32281/2026 and is currently listed as 'pending' on the apex court's official website.
The High Court Ruling Under Challenge
On 15 May 2026, a bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi of the Indore Bench of the Madhya Pradesh High Court delivered a ruling in the decades-old dispute over the Bhojshala and Kamal Maula Mosque complex in Dhar district. The court held that the Bhojshala complex is a Hindu temple and the property of King Bhoj, and that the Hindu community's right to worship at the site 'was never extinguished.'
The ruling set aside the Archaeological Survey of India (ASI) order dated 7 April 2003, which had permitted the Muslim community to offer namaz at the premises on Fridays. The court held that the previous arrangement was 'inconsistent with the established character of the monument.'
Key Findings of the Archaeological Survey
The High Court relied extensively on findings from a 2024 archaeological survey, which recorded the presence of Sanskrit inscriptions, a Havan Kund, and structural features associated with Hindu temple architecture and Vedic learning centres. These findings formed the evidentiary backbone of the ruling.
Following the verdict, the ASI issued fresh directions on 16 May 2026, granting unrestricted access to the Hindu community for worship and learning activities linked to Goddess Saraswati, while retaining administrative control over the protected monument. The ASI stated that the new framework supersedes all previous arrangements and will be implemented in coordination with local authorities.
Repatriation of Saraswati Idol Directed
In a notable addition to its ruling, the Madhya Pradesh High Court also directed the Union government to make efforts to repatriate an ancient idol of Goddess Saraswati, believed to be currently housed at the British Museum in London. The direction adds an international dimension to what has been a localised religious and heritage dispute.
Hindu Side Files Caveat
Anticipating the legal challenge, the Hindu side has already lodged a caveat petition in the Supreme Court. Filed by Jitendra Singh Vishen through his counsel, the caveat requests that the Hindu side be granted an opportunity to present its case before any interim relief is considered — ensuring no ex parte order is passed without hearing them.
Background and What's Next
The Bhojshala dispute is one of central India's most sensitive religious and historical litigations. The Hindu side claims the site was originally established by King Bhoj in 1034 AD as a temple dedicated to Goddess Saraswati and a centre for Sanskrit learning. The Muslim side maintains that the Kamal Maula Mosque has existed at the site for centuries and that the legal status had been settled through earlier administrative arrangements.
The SLP was filed at around 8:30 pm on Thursday. With the caveat already in place, the Supreme Court is expected to hear both sides before passing any interim order. The case is likely to draw national attention given its parallels with other contested religious sites currently before Indian courts.