Indore, April 9 A Hindu organization told the Madhya Pradesh High Court on Thursday that documents from the Archaeological Survey of India (ASI), including its scientific survey report, support its claim that a temple predated the mosque at the disputed Bhojshala complex in Dhar district.
The organization, Hindu Front for Justice, has filed a public interest litigation (PIL) in the Indore bench of the HC over the Bhojshala dispute. The ASI, which is responsible for maintaining the disputed complex, is among the respondents in the case.
In the petition, the Hindu side claimed that a temple dedicated to Goddess Saraswati existed at the 11th-century site and that its remains were used in the construction of a mosque after it was demolished.
The Bhojshala complex is regarded by Hindus as a temple of Vagdevi (Saraswati), while the Muslim side identifies it as the Kamal Maula mosque.
The Indore bench has been conducting day-to-day hearings since April 6 on four petitions and a writ appeal related to the site's religious character, hearing the petitioners' arguments first.
On the fourth day of hearing, advocate Vishnu Shankar Jain, appearing for one of the petitioners, the Hindu Front for Justice, concluded his arguments before a division bench of Justices Vijay Kumar Shukla and Alok Awasthi.
Jain submitted that a Saraswati temple existed at the site and alleged that "Muslim rulers with a mindset to oppose idol worship" demolished the Hindu place of worship and reused its remains to construct a mosque at the complex.
He cited the ASI's 2024 scientific survey report (prepared on HC order), its replies and affidavits filed in the case, as well as historical documents published by the central government agency in 1902 and 1904 to support his submissions.
Jain asserted that the ASI material, based on the site's actual condition, supports the petitioner's case.
"This does not mean that the ASI is taking sides. The ASI is only placing facts on record based on what exists at the site," he told the court.
However, when Jain began referring to portions of the scientific survey report in detail, a senior lawyer representing the Centre objected, insisting that its ASI counsel's task to "demonstrate" its findings before the court.
A counsel for an intervenor from the Muslim side also objected, arguing that the petitioner was relying on documents from a respondent (ASI) to support its case, which is not permissible under law.
After considering the objections, the High Court allowed Jain to highlight certain relevant portions of the report prepared by the ASI, which functions under the Union culture ministry.
Jain told the court that the report lists several evidences of a temple existing at the site, including religious symbols, Sanskrit inscriptions and remains of idols.
Referring to the Supreme Court's verdict in the Ram Janmabhoomi-Babri Masjid case, he emphasised that ASI reports have legal evidentiary value.
He also challenged a 2003 ASI order that allows Hindus to offer prayers on Tuesdays and to Muslims on Fridays at the disputed site, urging the court to grant exclusive worship rights to the majority community.
The High Court directed the ASI to conduct a scientific survey of the Bhojshala-Kamal Maula mosque complex on March 11, 2024. The survey began on March 22, 2024, and the ASI submitted its report to the court on July 15, 2024, after a 98-day exercise.
The over 2,000-page report indicates that a large structure dating back to the Paramara period (9th to 13th centuries) existed at the site before the mosque, and that parts of temples were reused in the present complex.
The Muslim side has questioned the ASI survey and rejected the Hindu side's claim that the site was originally a temple, alleging that certain materials included in the survey were "introduced from the backdoor".