‘We have to not go by general perception’: Madhya Pradesh HC begins hearings in Bhojshala-Kamal Maula Mosque dispute
Petitioners’ advocate sought direction that ‘only members of the Hindu community have the fundamental right under Article 25 of the Constitution of India to perform puja and rituals’
The Madhya Pradesh High Court on Monday began daily hearings into the disputed Bhojshala-Kamal Maula Mosque complex in Dhar district, and observed while hearing arguments that “we have to not go by our general perception”.
The Bench comprised Justice Vijay Kumar Shukla and Justice Alok Awasthi.
Advocate Vishnu Shankar Hain began arguments on behalf of the petitioners seeking direction that “only members of the Hindu community have the fundamental right under Article 25 of the Constitution of India to perform puja and rituals… within the premises of Saraswati Sadan, commonly known as Bhojshala.”
Jain also prayed that “members of the Muslim community have no right to use any portion of the appropriate property for any other religious purpose”.
He submitted to the court that the “true nature of the premise in question is of a Saraswati temple…” He then proceeded to share photographs of the contested site, including inscriptions which he claimed were of Sanskrit and Pali origin, pillars of an ancient Hindu temple, a mandap of a temple and the image of a deity.
“I am not an expert in Islamic law, but to my understanding, images of deities can’t be in a mosque,” Jain argued.
To this, Justice Shukla asked, “Any research on this? We have to not go by our general perception. In a court of law, you have to support it.”
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Jain argued that he would make his case on the basis of the ASI report into the disputed site, which said that a scientific investigation revealed the “existing structure was made from the parts of earlier temples”.
Jain submitted that an idol was present at the site till August 1935, and that it was then subsequently thrown out. “Idol can’t be there in a mosque,” Jain submitted.
When Jain began reading his chronology of historical events of the site, Justice Shukla asked, “Which book have you taken this reference from?”
Jain submitted that the events “happened 1,000 years back and this can’t be proved through any oral evidence except by history and literature… Both the parties are at liberty to present their historical reports to assist”.
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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
