The Supreme Court on Monday agreed to hear a batch of appeals challenging the Madhya Pradesh High Court’s judgment declaring the disputed Bhojshala-Kamal Maula Mosque complex in Dhar district to be a temple dedicated to Goddess Saraswati.
The matter came up before the Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohna after the Muslim appellants sought an urgent hearing. Senior Advocate Huzefa Ahmadi and Advocate Nizam Pasha, appearing for the appellants, submitted that several appeals filed against the High Court judgment required urgent consideration.
The Chief Justice directed the petitioners to cure the procedural defects in their appeals and assured them that the matters would be listed before an appropriate Bench at the earliest. During the mentioning, the Court also indicated that all connected petitions challenging the High Court verdict would be taken up together.
The appeals challenge the Madhya Pradesh High Court’s judgment dated May 15, 2026, which held that the religious character of the disputed Bhojshala-Kamal Maula Mosque complex is that of Bhojshala, a temple dedicated to Goddess Vagdevi (Saraswati).
The High Court had concluded that the finding was supported by archaeological, historical and scientific evidence and declared the monument to be a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, with effect from March 3, 1904.
It had simultaneously set aside the Archaeological Survey of India (ASI) order dated April 7, 2003, which had permitted Hindus to offer prayers at the site on Tuesdays and Muslims to offer namaz on Fridays.
It further directed that the ASI should exercise full supervisory control over the preservation, conservation and regulation of religious access to the monument, while leaving it to the Union Government and the ASI to determine the future administration and management of the Bhojshala complex and its associated Sanskrit learning activities.
The Division Bench of Justices Vijay Kumar Shukla and Alok Awasthi had observed that the structure was originally constructed by Parmar ruler Raja Bhoj around 1034 AD as a centre of Sanskrit learning and a temple dedicated to Goddess Saraswati.
Relying on ASI reports, inscriptions, sculptural remains, architectural features and historical records dating back to 1902-03, the High Court held that the monument was built on the remains of an earlier Hindu temple and that the mosque structure was erected centuries later. It also criticised the ASI for what it described as a deliberate dereliction of statutory duty in failing to ascertain the original nature and character of the protected monument before regulating religious access.
It further observed that the Central Government may consider representations seeking the return of the idol of Goddess Saraswati from a museum in London for reinstallation at the Bhojshala complex.
Referring to the constitutional obligation to secure complete justice between the communities, it also observed that the Madhya Pradesh government may consider allotting suitable land in Dhar district to the Muslim community through an appropriate Waqf body for the construction and administration of a separate mosque and related religious facilities.
The dispute concerns the 11th-century ASI-protected monument in Dhar district, which is claimed by the Hindu community as Bhojshala, an ancient temple dedicated to Goddess Saraswati, while the Muslim community identifies it as the Kamal Maula Mosque.
The litigation also stems from a scientific survey ordered by the High Court in March 2024 after a Hindu organisation sought determination of the monument’s religious character. The ASI subsequently conducted a detailed survey between March and June 2024 and submitted a report concluding that the existing structure incorporated remains of earlier temples.
Following the High Court verdict, several Muslim parties, including mosque caretaker Qazi Moinuddin, approached the Supreme Court challenging the judgment. Anticipating such appeals, Hindu parties have filed caveats before the Apex Court requesting that no interim or final order be passed without granting them an opportunity of hearing.
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