AIMPLB to Challenge Bhojshala Verdict in Supreme Court
The All India Muslim Personal Law Board (AIMPLB) has declared its intention to challenge the Allahabad High Court's March 11 verdict concerning the historic Bhojshala complex in Dhar, Madhya Pradesh, in the Supreme Court of India. Maulana Khalid Saifullah Rahmani, General Secretary of the AIMPLB, announced the board's decision, stating that the High Court's order for a scientific survey of the site is deemed "unsustainable" and "against facts."
The Allahabad High Court, in its ruling delivered by a division bench comprising Justice Sujoy Paul and Justice Pramod Kumar Agrawal, directed the Archaeological Survey of India (ASI) to conduct a comprehensive scientific survey of the Bhojshala complex. The court mandated the completion of this survey within six weeks, with a detailed report to be submitted by May 10, 2024. The directive specified the use of modern techniques, including Ground Penetrating Radar (GPR), Global Positioning System (GPS), and excavation where necessary, to ascertain the "true character" of the monument.
Maulana Rahmani articulated the AIMPLB's position, asserting that the board considers the structure a mosque, where Muslims have historically offered Friday prayers. He expressed dissatisfaction with the High Court's approach, indicating that the board believes its legal team will be able to present a stronger case before the Supreme Court. The AIMPLB's legal team is reportedly in the process of preparing the appeal petition, which aims to protect the existing status of the site.
The Bhojshala complex is an 11th-century monument that has been at the centre of a protracted dispute between Hindu and Muslim communities. Hindu organizations claim the site is a temple dedicated to Goddess Vagdevi (Saraswati), believed to have been built by King Bhoj. Conversely, Muslim groups identify the structure as the Kamal Maula Mosque. Since 2003, the Archaeological Survey of India, which protects the site, has enforced regulations allowing Hindus to worship inside the complex only on Tuesdays and on Basant Panchami, while Muslims are permitted to offer prayers on Fridays.
This ongoing legal battle over the Bhojshala complex mirrors other high-profile disputes concerning historical religious sites in India, such as the Gyanvapi mosque complex in Varanasi, which also saw an ASI survey ordered by a court and subsequently challenged. The AIMPLB's decision to escalate the matter to the Supreme Court underscores the significance of the High Court's verdict and its potential implications for the status of the monument.
The impending appeal will move the contentious matter to the apex court, where further legal proceedings are anticipated. All stakeholders, including various religious organizations and legal experts, will closely monitor the Supreme Court's consideration of the High Court's directive and its eventual ruling on the future of the Bhojshala complex.