The Muslim side in the Bhojshala-Kamal Maula Mosque dispute has alleged that Hindu idols and structures were brought into the complex only after the Archaeological Survey of India (ASI) issued its 2003 order permitting Hindus to perform worship on Tuesdays — a claim raised in the wake of the Madhya Pradesh High Court ruling that recognised the site as a Hindu temple and the property of King Bhoj. The Muslim side has confirmed it will challenge the High Court's order before the Supreme Court.

What the Muslim Side Alleged

Abdul Samad, President of the Kamal Maula Welfare Society and a petitioner representing the Muslim side, said the character of the monument changed after the ASI's 2003 arrangement came into effect. 'After Hindus were allowed to perform worship on Tuesdays following ASI's 2003 order, they have done different things inside the complex due to which the nature of the monument has changed,' Samad said.

He further alleged: 'After 2003, structures and idols have been brought and kept inside the complex. We had submitted objections against such things to the District Magistrate as well as to ASI officials.' Samad added that the Muslim side had sought records from ASI and other departments but was told none existed — yet, he argued, the survey report of 2024 referenced those very structures and idols.

Objections to ASI Survey Methodology

Samad also raised procedural concerns about the ASI survey itself, claiming that scientific methods were not followed during the process. He questioned why structures and idols — for which ASI reportedly had no records — were nonetheless incorporated into the 2024 survey report.

Senior advocate Salman Khurshid appeared on behalf of the Muslim side via video conferencing. According to Samad, Khurshid argued that 'the ASI survey was conducted in a pre-planned manner and to help the petitioners of the other (Hindu) side.' The Muslim side's core demand remains: 'Let them (Hindu side petitioners) produce one legal document that proves that the complex was initially a temple and was demolished.'

Lawyers Confirm Supreme Court Appeal

Advocate Noor Ahmed Sheikh, appearing for the Muslim side, confirmed: 'We are definitely going to challenge the Madhya Pradesh High Court's order in the Supreme Court.' He also clarified that under the current High Court order, namaz cannot be held at the site unless the Supreme Court intervenes.

Advocate Arshad Warsi, also representing the Muslim side, said the court had considered only the ASI report while dismissing the community's submissions. 'Our facts have not been considered at all,' he said. Warsi, however, acknowledged that the court had given both sides adequate opportunity to present their arguments, adding: 'We won't raise question on the sanctity of the court but since we are not satisfied with the court order, we will challenge it.'

What the High Court Ruled

The Madhya Pradesh High Court recognised the Bhojshala complex as a Hindu temple and the property of King Bhoj, revoking the ASI's 2003 order and granting the Hindu side exclusive rights to perform worship at the site. Petitions filed by both the Muslim side and the Jain community were dismissed. In a gesture toward the Muslim community, the court suggested that the state government consider allocating alternative land for a mosque, should it so desire.

What Happens Next

With the Muslim side set to approach the Supreme Court, the Bhojshala-Kamal Maula dispute is poised to enter a new legal chapter. The case follows a pattern of contested heritage-site litigation in India where archaeological surveys, historical ownership claims, and religious rights intersect — and where lower-court verdicts are rarely the final word.