The Madhya Pradesh High Court has held that the disputed Bhojshala site in Dhar is a temple dedicated to Goddess Saraswati, observing that historical material and continued Hindu worship establish its religious character as a Hindu temple.

Allowing writ petitions filed by Hindu Front for Justice and others, a bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi said the historical record identifies Bhojshala as a centre of Sanskrit learning associated with Raja Bhoj and indicates the existence of a temple dedicated to Goddess Vagdevi Saraswati at the site.

“We have noted the continuity of Hindu worship at the site, though regulated over time… Therefore, the religious character of the area is held to be Bhojshala with temple of Goddess Vagdevi Saraswati,” the Court observed.

The Court set aside portions of a 2003 order passed by the Archaeological Survey of India (ASI) which had restricted Hindu worship within the complex while permitting the Muslim community to offer namaz there.

At the same time, the High Court said the religious rights of the Muslim community also needed protection. It stated that if the Maulana Kamaludding Welfare Society or any recognised waqf body applies for land within Dhar district to construct a mosque or prayer place, the State government may consider the request in accordance with law.

The Court directed the Central government and ASI to take a decision regarding the administration and management of Bhojshala and the Sanskrit learning activities connected with the site. However, ASI will continue to remain the overall custodian of the monument.

“Every government has a constitutional obligation to ensure preservation and protection of ancient monuments, temples of historical and archaeological importance, as well as sanctum sanctorum and deities of spiritual importance,” the Court said.

On the issue of the idol currently housed in the British Museum in London, the Court said the petitioners had already submitted several representations to the Union government seeking its return. The Court stated that the government may consider those representations for bringing back the idol of Goddess Saraswati and reinstalling it at the Bhojshala complex.

The dispute relates to Bhojshala, an 11th-century monument protected by ASI. While the Hindu community claims it as a temple dedicated to Goddess Saraswati, the Muslim community regards it as a mosque.

Under a 2003 ASI arrangement, Hindus were permitted to perform puja on Tuesdays, while Muslims were allowed to offer namaz on Fridays.

The case arose from multiple petitions concerning the historical and religious character of the site. Earlier, the High Court had ordered a scientific survey of Bhojshala, which was temporarily stayed by the Supreme Court following an appeal by members of the Muslim community. The apex court later allowed the process to continue under a time-bound mechanism.

During the hearing, counsel for the Hindu side argued that Bhojshala was originally built during the reign of Raja Bhoj as a Saraswati temple and that archaeological evidence and inscriptions supported the claim of a pre-existing Hindu religious structure.

On the other hand, counsel representing the Muslim side argued that historical records from the Khilji period did not mention the destruction of any Saraswati temple at Dhar. Reliance was also placed on a 1935 “Ailan” issued by the erstwhile Dhar ruler permitting namaz at the site.

Representatives from the Jain community also sought prayer rights, claiming that the idol presently in the British Museum belonged to the Jain Goddess Ambika and pointing to architectural similarities between Bhojshala and Jain temples at Mount Abu.

The government argued that the 1935 Ailan had no legal validity since the site had already been declared a protected monument under the Ancient Monuments Preservation Act, 1904, and later came under the protection of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.