Indore, April 8 A temple retains its religious and legal status even after its demolition, giving devotees the right to worship at the site, a Hindu petitioner argued before the Madhya Pradesh High Court during the hearing in the disputed Bhojshala complex case in Dhar district on Wednesday.
Even after a temple is demolished or its idols are destroyed, the deities remain present there in an "indirect or invisible form," the Hindu side asserted.
The Hindu community considers Bhojshala, a monument believed to date back to the 11th century, a temple dedicated to Goddess Saraswati, while the Muslim side claims that it is Kamal Maula Mosque.
The Indore bench of the high court is hearing four petitions and a writ appeal since April 6 on the religious nature of the disputed complex, currently protected by the Archaeological Survey of India (ASI).
On the third day of the hearing, Vishnu Shankar Jain, the lawyer representing the Hindu Front for Justice, one of the petitioners, continued to present detailed arguments before Justices Vijay Kumar Shukla and Alok Awasthi.
Jain reiterated his central argument before the bench that, according to historical records and scientific evidence, the Saraswati temple at Bhojshala existed on the disputed premises earlier than the mosque, and therefore, only Hindus should be granted the right to worship there.
He claimed that the temple, built in 1034 by Raja Bhoj of the Parmar dynasty of Dhar, was demolished in 1305 on the orders of Alauddin Khilji, the ruler of medieval India.
Citing the religious rights guaranteed under Article 25 of the Indian Constitution, he said, "After the attacks by cruel invaders like Khilji, the rights of Hindu deities and their devotees were eclipsed. As soon as the Constitution of India came into force in 1950, these rights were restored. We are demanding these fundamental rights in our petition."
Jain argued that even after a temple is demolished or its idols are destroyed, the deities remain present there in an "indirect or invisible form," and therefore, only Hindus have the right to worship in the Bhojshala complex.
Referring to the worship of sacred rivers like the Narmada and Ganga by Hindus, and the Kamadgiri mountain in Chitrakoot, he said, "An idol is not always necessary for worship."
Jain's argument is crucial in light of the Hindu side's claim that the idol of Saraswati, installed in the temple in the Bhojshala complex, is currently housed in a museum in London.The Hindu side's lawyer repeatedly emphasized that even if a temple is destroyed, its legal status does not end.
Citing the Supreme Court's landmark judgment in the Ayodhya Ram Janmabhoomi-Babri Masjid dispute case and other judicial precedents, he said that idols of Hindu deities are recognised as juristic persons and that even if the physical structure or idols of the temple are destroyed, their inherent sacred purpose remains intact.
The Hindu side's lawyer argued, "Once a temple is established, the place remains a temple forever."
Jain, citing various legal provisions, once again refuted the Muslim side's claim that the disputed Bhojshala complex is a Waqf (charitable endowment) property.
He said a "valid Waqf" was never established for the construction of a disputed structure on the premises.
"Islamic law itself does not permit the construction of a mosque after the demolition of a temple," Jain said.