Plea In MP High Court Seeks Jain Community's Right To Worship At Disputed Bhojshala Temple-Kamal Maula Mosque Site

The Indore Bench of the Madhya Pradesh High Court will likely hear a plea filed by a social activist tomorrow, seeking a declaration of the Jain Community's 'right to worship' at the disputed Bhojshala Temple-Kamal Maula Mosque. The Bhojshala is currently a monument protected by the Archaeological Survey of India (ASI).

Salek Chand Jain, the petitioner belonging to Jain Community, has submitted that all available archaeological evidence indicates the presence of a Jain Temple established by the erstwhile King Bhoja around 1034 A.D. The said king supposedly constructed many other Jain temples in the region during his reign, according to the petitioner.

The plea also states that the property was originally vested with the Idol of 'Goddess Ambika' (Jain Yakshini), and any subsequent construction after the demolition of the said temple and its deity will not change its nature to that of a mosque.

According to the petitioner, the temple constructed by King Bhoja was later taken care of by other kings in the Parmar dynasty, Jain Munis and Scholars until its demolition by Muslim invaders. Since the idol was a symbol of education, many Jain scholars/munis also imparted Sanskrit, Literature and translation of the Prakrit language on the premises, the petition adds.

There were designated Jain Gurukul and Jain Temple in the Bhojshala Complex according to the version of the petitioner. The sculptures, archaeological reports, and historical books written by English and Indian writers all point towards the existence of a Jain temple and idol, the petitioner emphasizes.

The petition says that the 2003 order passed by the Director General of the Archaeological Survey of India ignored the right of Jains to worship in the Bhojshala premises. The Jain Community has been deprived of the 'right to religion' and the 'right to conserve natural heritage' by virtue of such events, it has been mentioned in the plea.

Currently, only Hindus and Muslims are allowed to offer worship and Namaz in the Bhojshala on specific occasions. As of now, Hindus can worship on Tuesdays and on the occasion of Basant Panchami. Muslims offer Namaz on Fridays, considering it as the Kamal Maula Mosque.

The petition also adds that icons called 'Tirthankars' around the Amba Idol distinguish Jain idols from their Hindu counterparts, and the inscriptions found in the Amba idol mention King Bhoja. Therefore, the petitioner seeks the re-establishment of the Amba Idol at Bhojshala, which has been placed in the British Museum since 1903.

To 'restore the glory of Bhojshala temple', the petitioner also prays for reestablishing the idol and not allowing any other religious segments to worship on the premises. The current situation is a 'glaring example' of taking over the religious idols of Jains, the petitioner contends.

The petitioner prays that a Trust may also be created by the Government of India for managing the affairs of Bhojshala, headed by eminent Jain scholars and ASI. The modification of ASI's 2003 order is also sought to the extent that Muslims are restrained from offering Namaz on the premises, and Jains are allowed to perform daily pooja without any restrictions. The right to religion is a continuous right; this right if curtailed for some reason in the pre-independence era still revives by virtue of Article 13(1) of the Constitution, the petition adds.

Since the excavation process is ongoing, the petitioner wants ASI to let him or two authorized persons from the Jain community participate in the process.

Earlier, a bench of Justice SA Dharmadhikari and Justice Devnarayan Mishra had ordered for excavation in March 2024. This order was passed while hearing an interlocutory application filed in a pending writ petition (filed by Hindu Front for Justice) seeking a scientific survey of the Temple-Mosque premises. The petition preferred by the Hindu Front for Justice seeks to reclaim the Bhojshala complex on behalf of the Hindus and their goddess Saraswati, and it also seeks a prohibition on the members of the Muslim community from offering namaaz on its premises. Yesterday, ASI sought further time to submit the scientific survey report to the high court. The matter will be heard again tomorrow.

As interim reliefs, the petitioner activist also seeks a direction to conduct a Radiocarbon Dating method for ascertaining the age of the Complex and the artefacts inside. The petitioner also wants ASI to excavate the floor in and around the complex to determine the nature of construction/materials. The matter will likely be heard on admission tomorrow.

Counsels for the Petitioner: Senior Advocate Padmakar Shukla and Advocate Aashutosh Shukla a/w Advocates Dinesh P Rajbhar, Vijay Singh Chouhan, Manohar Singh Chouhan, Rishi Kapoor and Sonali Soni

Case Title: Salek Chand Jain v. Union of India & Ors

Case No: WP 17333/2024