PIL claims existence of Jain temple in disputed Bhojshala complex in MP; HC seeks replies

Indore: The Madhya Pradesh High Court on Friday directed the government and other respondents to file their objections or replies to a PIL claiming the existence of a medieval Jain temple and gurukul within the disputed Bhojshala-Kamal Maula Masjid complex in Dhar district.

The public interest litigation (PIL), filed before the HC's Indore's bench, seeks to grant the Jain community the right to worship at the Archaeological Survey of India (ASI)-protected complex, whose ownership has been claimed by both Hindu and Muslim sides.

Delhi-based social activist Salek Chand Jain has filed the petition at a time when separate cases are already pending in the High Court, contesting the religious nature of the complex, possibly dating back to the 11th century.

The Hindu side, based on an ASI's scientific survey report, claims the monument was originally an ancient temple dedicated to Goddess Saraswati, while the Muslim side claims it to be a mosque.

During the hearing of Jain's petition in the High Court, the respondents raised objections, stating the case was not maintainable as a PIL.

A bench of Justices Vijay Kumar Shukla and Rajesh Kumar Gupta fixed April 2 for the next hearing on the PIL and asked the respondents to submit their brief replies or objections to the petition before that date.

The plea claims the Bhojshala complex once housed a Jain temple and gurukul (a type of residential school), and therefore, under Articles 25, 26, and 29 of the Constitution (dealing with religious freedom and cultural rights), followers of Jainism have the right to worship in the complex.

The petition also claims that the idol in the Bhojshala complex, which the Hindu community claims to be that of Vagdevi (Goddess Saraswati), is actually that of the Jain goddess Ambika (a Jain Yakshini), installed in the complex by King Bhoj of Dhar in 1034 AD.

The PIL states that the statue, discovered by the then-British government in 1875, is currently housed in a museum in London. The petition requests that efforts be made to bring the statue back to India and reinstall it in the Bhojshala complex.

The ASI, following the HC's orders, conducted a scientific survey of the disputed complex two years ago and submitted a detailed report.

The more than 2,000-page survey report indicates that a massive structure dating back to the reign of the Parmar kings of Dhar predated the mosque, and that the current disputed structure was built using repurposed temple structures.

Notably, the Parmars ruled over a vast territory around the Malwa region of the present-day Madhya Pradesh for 400 years from the 9th to the 13th centuries.

After the controversy erupted over the historic complex, the ASI issued an order on April 7, 2003.

According to this order, Hindus are permitted to worship at the complex every Tuesday, while Muslims are allowed to offer prayers at the site every Friday.