New Delhi – Jamiat Ulama-i-Hind, a prominent Muslim organization in India, has publicly expressed significant apprehension following a recent order by the Madhya Pradesh High Court mandating a scientific survey of the Bhojshala complex in Dhar, Madhya Pradesh. The organization's president, Maulana Mahmood Madani, stated on May 29, 2024, that the High Court’s directive "validates Muslims' fears regarding the fate of other historical sites" across the country.

The High Court's order, issued on March 11, 2024, instructed the Archaeological Survey of India (ASI) to conduct a comprehensive scientific survey, excavation, and carbon dating of the Bhojshala complex. This directive came in response to a petition filed by the Hindu Front for Justice and local residents, who claim the site is a temple dedicated to Vagdevi, a form of Goddess Saraswati. The order requires the ASI to submit a detailed report within six weeks of commencing the survey.

Jamiat Ulama-i-Hind has termed the High Court's decision "unjustified" and "unnecessary," arguing it sets a "dangerous precedent." Maulana Madani emphasized that such surveys could potentially lead to similar demands for numerous other historical mosques and religious sites, thereby fostering communal discord and undermining the existing legal framework.

Key concerns articulated by Jamiat Ulama-i-Hind include:

  • Erosion of the Places of Worship (Special Provisions) Act, 1991: The organization contends that the High Court's order challenges the spirit of this Act, which aims to maintain the status quo of religious structures as they existed on August 15, 1947, thereby preventing new disputes.
  • Historical Narratives and Disputes: Jamiat expressed worry that these surveys could be utilized to alter historical narratives and reignite dormant religious conflicts over disputed sites.
  • Legal Precedent: The group fears that if upheld, this ruling could open the pathway for similar petitions regarding other mosques and historical structures nationwide.

The Bhojshala complex itself is a centrally protected monument under the ASI. It is a site of ongoing dispute, with Hindu devotees claiming it as a temple and Muslims identifying it as the Kamal Maula Mosque. Under current arrangements, Hindu devotees are permitted to worship at the site every Tuesday, while Muslims are allowed to offer Friday prayers.

The Madhya Pradesh High Court's detailed order for the ASI survey includes directives for:

  • A complete GPS-GPR (Ground Penetrating Radar) survey of the entire complex.
  • Excavation and dating of relevant layers and artifacts.
  • Creation of a comprehensive inventory of all structures, pillars, and archaeological remains found within the complex.

Jamiat Ulama-i-Hind has indicated its intention to explore all available legal avenues to challenge the High Court's decision, including potentially appealing to the Supreme Court. The organization stated it would monitor developments closely as the ASI proceeds with the survey. The outcome of the survey and subsequent legal challenges are expected to have significant implications for the interpretation and management of historical religious sites in India.