Madhya Pradesh High Court Seeks Replies on Jain Temple Claim in Bhojshala Complex
The Indore bench of the Madhya Pradesh High Court issued a significant directive on Friday, ordering the state government, central authorities, and other involved parties to submit their responses to a Public Interest Litigation (PIL) that asserts the existence of a medieval Jain temple and gurukul within the contentious Bhojshala-Kamal Maula Masjid complex located in Dhar district.
Judicial Bench and Petitioner Details
A division bench comprising Justice Vijay Kumar Shukla and Justice Rajesh Kumar Gupta presided over the hearing. The PIL was filed by Salekh Chand Jain, a Delhi-based social worker, who is advocating for the Jain community's right to worship at the monument. The petition specifically invokes Articles 25, 26, and 29 of the Indian Constitution, which safeguard religious freedom and cultural rights, arguing that these provisions grant Jains the authority to conduct worship at the site.
Legal Objections and Court's Directive
During the proceedings, counsels representing the state and central governments raised objections regarding the maintainability of the petition as a PIL. They pointed out that multiple similar pleas are already pending before the court, with hearings scheduled for April 2. In response, the bench acknowledged these concerns and granted the respondents time to file their short replies or objections before the next hearing date. The court emphasized the need for a thorough examination of the petition's validity in light of the ongoing legal context.
Background of the Dispute
The court is already actively engaged in this matter, following a scientific survey conducted by the Archaeological Survey of India (ASI). The survey concluded that the existing monument was constructed using temple parts dating back to the Parmara dynasty. In preparation for the upcoming proceedings, the court has sought objections, recommendations, and suggestions from all parties involved by April 2. Additionally, the bench plans to conduct a site visit ahead of the next hearing to gain firsthand insight into the complex's historical and architectural features.
Conflicting Claims and Historical Significance
The current PIL introduces a new dimension to the long-standing dispute by claiming that the Bhojshala complex once housed a Jain temple and gurukul. This assertion adds to the existing conflicting claims:
- Hindu Perspective: Hindus contend that the idol from the complex, currently housed in the British Museum in London, represents Vagdevi (Goddess Saraswati), and they refer to the monument as 'Saraswati Sadan'.
- Jain Perspective: The petitioner argues that the same idol is actually of Goddess Ambika, a Jain Yakshini, supporting the claim of Jain heritage at the site.
- Muslim Perspective: Muslims assert that the structure is the Kamal Maula Mosque, a fact they claim was verified by the ASI as far back as 1903.
This case highlights the intricate layers of historical, religious, and legal complexities surrounding the Bhojshala-Kamal Maula Masjid complex. The court's directive to seek replies underscores its commitment to addressing all aspects of the dispute through a meticulous judicial process. The upcoming hearings and site visit are expected to play a crucial role in resolving these multifaceted claims and determining the future of worship rights at this historically significant monument.
