Jamaat-e-Islami Hind (JIH) on Saturday, 16 May issued a sharp rebuke of the Madhya Pradesh High Court ruling that declared the Kamal Maula Mosque (Bhojshala) in Dhar a temple, warning that the judgment poses serious risks to the credibility of the judiciary, minority rights, religious freedom, and the secular character of India. The organisation said the Muslim community would pursue all available legal remedies, including filing an appeal.

The Verdict That Triggered the Response

The Indore Bench of the Madhya Pradesh High Court, comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi, delivered its ruling on Friday, 15 May, declaring the Bhojshala complex a temple and affirming that the Hindu community holds an inherent right to worship at the site — one the court held was never extinguished historically. The division bench simultaneously set aside decades of administrative arrangements that had allowed both communities to use the site for their respective religious practices on designated days.

What JIH President Syed Sadatullah Husaini Said

JIH president Syed Sadatullah Husaini issued a formal statement calling for 'fairness and objectivity' in judicial proceedings involving sensitive religious matters. He warned that the ruling 'will have grave implications for the credibility of the judicial system, minority rights, religious freedom, communal harmony and the secular fabric of the country.'

Husaini argued that the verdict raises constitutional questions tied to Articles 25 and 26 of the Constitution, which guarantee the freedom of religion and the right of religious denominations to manage their own affairs. He stressed that the removal of established worship rights of one community in favour of another 'not only disrupts a long-standing arrangement but also risks undermining the principle of equal respect for all faiths.'

On Archaeological Evidence and Alternative Land

The JIH chief also pushed back against suggestions of allotting alternative land to the Muslim community as a resolution. 'Religious rights cannot be reduced to questions of mere physical space or relocation, as places of worship are deeply connected with historical continuity, identity, and collective memory,' Husaini said. He further raised concern about the court's reliance on 'contested historical and archaeological interpretations,' arguing that such approaches must be 'carefully scrutinised to ensure that they do not disproportionately privilege one set of claims over another.'

The Places of Worship Act, 1991 Invoked

Husaini framed the Bhojshala case as 'part of a broader pattern' in which historical religious site disputes are being reopened, which he argued undermines the spirit of the Places of Worship (Special Provisions) Act, 1991. The 1991 Act bars the conversion of the religious character of any place of worship as it stood on 15 August 1947, with the exception of the Ram Janmabhoomi dispute in Ayodhya. 'The 1991 Act must be upheld in letter and spirit to prevent the reopening of historical disputes. Any dilution of this principle could have far-reaching consequences for communal harmony and social stability,' he said.

Legal Road Ahead

The JIH president confirmed that the Muslim community intends to pursue legal remedies within the constitutional framework, with an appeal before a higher court among the options being considered. He also remarked that the judiciary 'must not only be impartial in its actions, but must also appear to be impartial,' cautioning that recent developments are 'creating a perception to the contrary, which risks undermining the credibility, dignity, and public trust' of the institution. The Bhojshala dispute is now expected to move to the Supreme Court, where its outcome could carry broader implications for similar contested religious site cases across the country.