INDORE — In a landmark judgment delivered on May 15, 2026, the Indore Bench of the Madhya Pradesh High Court has declared the religious character of the disputed Bhojshala Complex in Dhar to be a temple of Goddess Vagdevi (Saraswati) and a centre of Sanskrit learning. The Division Bench, comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi, concluded that the site has been a protected monument since March 18, 1904, and was originally established by King Bhoj of the Parmar dynasty in 1034 AD.
Key Ruling and Quashing of Previous Arrangements
The Court has officially quashed the Archaeological Survey of India (ASI) order dated April 7, 2003, which restricted Hindu worship to specific days and permitted the Muslim community to offer Friday Namaz within the complex. The bench ruled that these restrictions on Hindu worship were illegal and hit by Article 25 of the Constitution of India. Furthermore, the Court directed the Government of India and the ASI to take immediate steps for the administration and management of temple affairs and Sanskrit learning within the property.
Findings of the Scientific Survey
A critical factor in the court’s decision was a comprehensive 10-volume scientific survey report submitted by the ASI. The survey, which utilized GPR-GPS technology and carbon dating, concluded that the existing structure was constructed using parts of earlier Hindu temples. Specifically, the ASI report documented:
- The presence of carved pillars, figures of deities like Narasimha and Vishnu, and traditional Hindu architectural fragments beneath the current monument.
- Evidence of mutilated sculptures and defaced iconography that were reused in later modifications.
- Sanskrit inscriptions and grammar charts engraved on the walls, confirming the site’s historical role as a “Saraswati Sadan” or school.
Provision for the Muslim Community
To ensure complete justice and maintain communal harmony, the Court has directed the State Government to consider allotting a suitable and permanent piece of land within the Dhar district for the construction of a new mosque or place of prayer for the Muslim community, should they submit an application.
The Return of the Saraswati Idol
The judgment also addressed the long-standing demand to bring back the Pratima (idol) of Goddess Saraswati, which has been housed in the London Museum since the early 20th century. The Court has directed the Government of India to consider existing representations and undertake efforts to re-establish the idol within the Bhojshala complex.
This final order disposes of multiple long-standing writ petitions, effectively replacing temporary administrative arrangements with a permanent legal framework based on archaeological evidence and historical continuity.
Case Details
The case citation for the provided final order is 2026:MPHC-IND:8805.
This judgment was delivered by the High Court of Madhya Pradesh at Indore on May 15, 2026. The lead case is Writ Petition No. 10497 of 2022, titled Hindu Front for Justice (Regd. Trust No. 976) through its President Ms. Ranjana Agnihotri & Ors. vs. Union of India & Ors..
The order also disposes of several connected matters, including:
- Writ Petition No. 10484 of 2022 (Kuldeep Tiwari vs. Union of India & Ors.).
- Writ Petition No. 28334 of 2019 (Maulana Kamaluddin Welfare Society vs. State of MP & Ors.).
- Writ Appeal No. 559 of 2026 (Qazi Zakullah & Ors. vs. The State of Madhya Pradesh & Ors.).
