By LIVELAW NEWS NETWORK
The Madhya Pradesh High Court has declared that the disputed historical site at Bhojshala is a Temple dedicated to Goddess Saraswati.
Allowing a writ petitions filed by the Hindu Front for Justice and others, a bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi said :
“We have noted the continuity of the Hindu worship at the site, though regulated overtime…We record finding that historical literature of the place establishes as a centre of Sanskrit learning associated with Raja Bhoj…it indicates the existence of Temple dedicated to Goddess Sarawsati at Dhar…Therefore, the religious character of the area is held to be Bhojshala with temple of Goddess Vagdevi Saraswati.”
The Court quashed an order passed by the Archaeological Survey of India(ASI) in 2003 to the extent that it restricted the rights of Hindu to worship within the complex and allowed the Muslim community to offer namaz there.
However, in order to secure the religious rights of the Muslim community, the Court allowed them to submit an application for the allotment of suitable land within Dhar district for the construction of a mosque. If such an application is made, the State may consider said application per the law, the Court stated.
“In order to secure the religious rights of the Muslim community and to ensure complete justice between the parties, in case respondent no 8 (Maulana Kamaludding Welfare Society) submits an application for allotment of suitable land within Dhar District for construction of a mosque or place for prayer, the state may consider said application in accordance with the law for allotment of suitable and permanent part of land in Dhar District to the Muslim Community which may be represented either through respondent no 8, intervenors or duly constituted waqf body for construction, administration of mosque and associative religious facilities. Accordingly, WP 10497 of 2022 and WP 10484 of 2022 are allowed and disposed of.”
The Central government and the ASI have been directed to take a decision for the administration and management of the Bhojshala temple and the Sanskrit learning within the property. The ASI will continue to have the overall administration of the property.
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