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Exclusive | Bhojshala site in Dhar ‘was never a mosque’, ‘Muslims have no right to offer namaz’ there: State, ASI submission in court

The state government said in its reply that the “permission to the Muslim community” to offer namaz at the disputed site “was granted just to defuse the communal situation”.

4 min readBhopalUpdated: May 13, 2026 11:21 AM IST

Bhojshala never a mosque... no right to offer namaz there: MP govt to court

The court allowed prayers on a plea by an organisation, the Hindu Front for Justice. (Express Photo by Deepika Singh)

The Madhya Pradesh government, in its written submissions before the High Court, has claimed that the disputed Bhojshala site in Dhar “was never a mosque and the Muslim community has no right to offer namaz,” The Indian Express has learnt.

The replies were filed on behalf of the respondents, including the State of Madhya Pradesh, the Dhar Archaeological Officer, the District Magistrate, and the Superintendent of Police. There are five petitions filed in connection with the disputed site, and the court is currently hearing rebuttal arguments before it passes the judgment.

The state government said in its reply that the “permission to the Muslim community” to offer namaz at the disputed site “was granted just to defuse the communal situation”.

“The structure in question was never a mosque, and as such, the Muslim community has no right to offer namaz at Bhojshala and claim title over it. The entire Bhojshala premises belong to the state government and are under the control of the Archaeological Survey of India even prior to Independence,” the reply stated.

The respondents have stated that since the site was “the school of the most celebrated King of Parmar Dynastry, King Bhoj” and “not a mosque”, the “question of violation of fundamental rights of the Muslim community does not arise”.

The structure “does not fulfil the essentials of a mosque,” the reply stated, adding, “It is most humbly submitted that the structure of Bhojshala as it exists today also has the visible impression of Hindu deities on it.”

Prior to 1935, there was “no regular offering of namaz, and the official correspondence of the then princely State of Dhar reveals that a very few Muslims started to offer namaz, that too irregularly at the said place”.

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“In 1935, a dispute occurred between two communities, and the communal situation got out of control and, just to defuse the situation, the then princely State of Dhar allowed the Muslim community to offer prayers at the said place,” the respondents submitted.

The ASI, which submitted a separate reply in the case, stated that the “remnants of this Bhojshala or the temple of Goddess Saraswati are still seen in this monument, which was turned into a mosque by the subsequent Muslim ruler of Dhar in circa 14th century CE by using the architectural members of the pre-existing building belonging to Bhojshala.”

The respondents submitted that the orders passed by the ASI and the Collector were “with the intention to maintain communal peace in the region.”

“Considering the nature of the structure, the Director General of the Archaeological Survey of India, by order dated 07-04-2003, allowed the Hindu community to access the premises on every Tuesday from sunrise to sunset,” the respondents stated.

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The petition filed by Maulana Kamaluddin stated that the Bhojshala-Kamal Maulana Masjid is “essentially a mosque”, and as per the tenets of Muslim Law, “any activity except offering namaz in the mosque is not permitted”.

The petitioner highlighted the alleged failure of the state government in “restricting the aarti and offering of puja, etc at the mosque”, which it claimed is “a gross violation of fundamental right guaranteed to Muslims under… the Constitution of India.”

According to the petitioners, the respondents are “duty-bound to ensure that no puja, aarti, etc, is held and recited at Bhojshala Kamal Maulana Masjid Dhar.”

Anand Mohan J

Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More

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