Bhojshala verdict: Muslim side to move SC, Hindu advocates call HC order historic
Synopsis
Key Takeaways
The Muslim side in the decades-long Dhar Bhojshala dispute has decided to challenge the Madhya Pradesh High Court's ruling in the Supreme Court, after the Indore bench delivered a verdict in favour of the Hindu side on Friday, 15 May. The High Court declared the Archaeological Survey of India (ASI)-protected monument in Dhar district a temple dedicated to Goddess Saraswati, setting aside a 2003 ASI order that had denied Hindus the right to worship while permitting Muslims to offer namaz at the site.
Muslim Side Plans Supreme Court Challenge
Advocates representing the Muslim side alleged that their arguments were not given due consideration during the proceedings. They said the legal team would first study the detailed court order — which runs to more than 250 pages — before filing a petition in the apex court.
Advocate Noor Mohammad Sheikh, appearing for the Muslim side, said, 'We will review the entire order carefully and then file a petition in the Supreme Court challenging the decision.' Fellow counsel Arshad Warsi echoed the dissatisfaction, claiming several points raised by their side were overlooked. 'Our arguments have been sidelined. We will analyse the order thoroughly and then approach the Supreme Court,' Warsi said.
Hindu Side Calls Verdict 'Historic'
Petitioners and advocates on the Hindu side welcomed the judgment, describing it as the culmination of decades of struggle. Advocate Shirish Dubey said the outcome was the result of years of sacrifice, noting that three people were martyred in the course of the movement and several others endured imprisonment.
'I believe that today's outcome is the result of their struggle and sacrifices,' Dubey said. He further stated that the High Court order 'clearly states that Bhojshala is a Maa Saraswati temple built by Raja Bhoj. The court has dismissed the Muslim side's petition. Both petitions filed by the Hindu side have been allowed, and their demands have been fulfilled.'
Hindu Side Ready to Contest Any Appeal
Advocate Vishnu Shankar Jain, who also represented the Hindu side, said they were prepared to file a caveat in the Supreme Court if the Muslim side moved an appeal. 'Our case is very strong on facts, research, and evidence,' he said, adding that the proceedings had established the 'religious character and religious nature of these premises is that of a Hindu temple' and that it was historically the site of a Sanskrit learning institution dedicated to Goddess Vagdevi.
Hindu side petitioner Ashish Goyal said the community had been struggling for 700 years for the liberation and restoration of the 'Maa Saraswati Temple Bhojshala'. He noted that while restrictions on entry were removed after the 2003 movement, the site had still not been fully handed over to Hindus until this ruling.
What the High Court Ruled
The Indore bench of the Madhya Pradesh High Court set aside the ASI's 2003 order that had denied Hindus the right to worship at the site and granted Muslims the right to offer namaz there. Both petitions filed by the Hindu side were allowed. The court's declaration that Bhojshala is a Hindu temple dedicated to Goddess Saraswati marks a significant shift in the legal status of the ASI-protected monument in Dhar, Madhya Pradesh. The Muslim side's planned Supreme Court challenge means the legal battle over this contested site is far from over.