Bhojshala-Kamal Maula Mosque case: Puja, namaz don’t necessarily have to take place in temple, mosque, observes HC

The matter was being heard by a Bench of Justices Vijay Kumar Shukla and Alok Awasthi.

Bhojshala-Kamal Maula Mosque case: Puja, namaz don’t necessarily have to take place in temple, mosque, observes HCThe Bhojshala-Kamal Maula Mosque complex in Dhar has long been the subject of competing claims. (File/ Wikimedia Commons)

The Madhya Pradesh High Court on Tuesday continued to hear arguments in the Bhojshala-Kamal Maula Mosque complex dispute.

During the proceedings, the court observed that it was not necessary that puja or namaz be performed only in a temple or mosque.

The matter was being heard by a Bench of Justices Vijay Kumar Shukla and Alok Awasthi. Justice Shukla observed that advocate Vishnu Shankar Jain, who appeared on behalf of the Hindu petitioners, had made an interesting point that offering namaz at a place would not make it a mosque. “Like that, in a temple, what is the necessity of offering a prayer? There was a belief that God is everywhere,” Justice Shukla observed.

Citing the Supreme Court judgment on the Ayodhya Ram Temple, Jain argued that once a pran pratishtha ritual is undertaken and a temple is consecrated, it will remain a temple and the property of the deity “till the end of time”. However, he argued, offering namaz at a place does not make it a mosque. “For example, we offer our prayers at the airport. Namaz is offered at the airport at various places. So, in various public areas also namaz is offered. But by offering namaz at a particular place, it does not become a mosque.”

Justice Shukla observed, “In the same manner. For performing puja also, it’s not necessary it has to be done in the temple only.”

“Even at home, a person performs puja. Like that, Mr Jain, for puja and for offering namaz, it is not necessary that it has to be in a temple or in a mosque,” the judge said.

Jain argued that if “there was a pre-existing temple, and suppose it is demolished, the most important question which calls for consideration before this honourable court is, whether after demolishing a temple, the rite of the deity ceased to exist”.

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“My respectful submission is, I’ll show, and I’ll make this submission good by the Ram Mandir judgment, that after destruction of the idol, the pious purpose does not diminish or does not extinguish.”

Justice Shukla reiterated, “In any of the religions, it’s not necessary that puja, prayer, everything has to be done only in a particular place. It can be performed at any place… So, places are important, but for offering prayer… anybody can perform these prayers, etc. at any place.”

The Bhojshala-Kamal Maula Mosque complex in Dhar has long been the subject of competing claims, with Hindu and Muslim groups asserting religious rights over the medieval structure. An ASI survey was ordered by the High Court last year to examine the nature and historical features of the site as part of ongoing proceedings.

Hindus regard the ASI-protected complex as a temple dedicated to Goddess Vagdevi (Saraswati), while Muslims consider it the site of the Kamal Maula mosque. Under an arrangement made in 2003, Hindus perform puja at the complex on Tuesdays while Muslims offer namaz on Fridays.

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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