The Indore Bench of the Madhya Pradesh High Court on Friday, 15 May ruled that the Bhojshala complex in Dhar is legally a temple and that the Hindu community holds an inherent, historically unextinguished right to worship at the site. The judgment, delivered by a division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi, sets aside decades of administrative arrangements that had governed shared access to the disputed monument.

What the Court Ruled

The bench concluded that the Bhojshala complex is the legal property of King Bhoj and that 'the right to worship shall remain with the Hindu side.' The court held that the continuity of Hindu worship at the site 'has never been extinguished,' even during periods of restricted access, affirming that the religious identity of the structure as a temple remained intact through history.

Critically, the court struck down the Archaeological Survey of India (ASI) order dated 7 April 2003, which had permitted Friday prayers at the premises. The bench found the 2003 arrangement 'inconsistent with the established character of the monument' as revealed by modern scientific and archaeological findings.

Role of the 2024 Archaeological Survey

The judgment relied extensively on a 2024 archaeological survey of the complex. The court noted that the presence of Sanskrit inscriptions and sacred structural elements — including a Havan Kund and an ancient Jal Kund — constituted significant evidence of the site's original religious character. The bench observed that 'scientific archaeological studies provide the most reliable basis for resolving historical disputes of this nature.'

Petitioners, led by the Hindu Front for Justice, had argued that the site was originally established in 1034 AD by King Bhoj as a grand temple dedicated to Goddess Saraswati and also functioned as a Gurukul for Vedic learning. They pointed to inscriptions of Sanskrit grammar — Chitra Kavi and Vyakaran Chakra — as architectural features unique to Hindu temples and traditional centres of learning.

Directive on Goddess Vagdevi Idol

In a notable constitutional directive, the bench instructed the Union Government to make 'every effort' to repatriate the original idol of Goddess Vagdevi from the British Museum. The court linked this to the state's constitutional duty to 'preserve and protect the ancient culture and scriptures' of the nation and to ensure that the right to religion under Article 25 of the Constitution is not infringed.

Muslim Side's Arguments and Court's Response

Senior Advocate Shobha Menon and other counsel appearing for the Muslim side primarily challenged the maintainability of the writ petitions. They argued that the character of the monument 'cannot be altered,' that its 'legal status was settled' through earlier administrative orders, and that judicial intervention could 'disturb communal harmony.' They also alleged that the 2024 archaeological survey report was 'procedurally flawed.'

The court rejected these objections, holding that 'historical truth must prevail over administrative convenience' and giving primacy to scientific findings indicating that the site's 'original religious character was that of a temple.'

Administrative Arrangements Going Forward

The ASI will continue to administer the complex for the protection and preservation of its structural integrity. On the question of the Muslim community's access, the bench suggested — without mandating — that the state government 'may consider allocating suitable alternative land' for a mosque if such a request is made, framing this as a measure to 'ensure complete justice and maintain social harmony.'

The ruling is expected to face legal scrutiny at higher courts, and its implementation will be closely watched by religious and civil society groups across the country.