A petitioner representing the Jain community has put forth a new claim before the Madhya Pradesh High Court, asserting that a statue, widely identified by the Hindu community as Goddess Vagdevi (Saraswati), is in fact a Jain Yakshini named Ambika. This assertion is part of a broader claim that the disputed Bhojshala complex in Dhar district was originally a medieval Jain temple and a traditional residential school, or gurukul.
The core of the petitioner's argument rests on visual and historical evidence, including photographs and museum records, suggesting that the idol in question, currently housed in London's British Museum, displays iconographic features distinct to Jainism, such as carvings of Tirthankaras, absent in Hindu depictions of Vagdevi.
The Jain community is now seeking the right to worship at the complex. This development introduces another layer to the long-standing dispute, which has historically pitted the Hindu claim of the site being a Vagdevi temple against the Muslim claim of it being the Kamal Maula Mosque. The court has directed the state, central government, and other respondents to file their replies to this new petition.
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Legal Proceedings and Counterarguments
The Madhya Pradesh High Court, specifically its Indore bench, is hearing this matter. Petitioners argue that the complex’s architectural elements and historical patronage by rulers like Raja Bhoj, who reportedly supported Jain scholars, point to its Jain origins. They cite constitutional provisions related to religious freedom and cultural rights as grounds for their claim.
However, the maintainability of the petition as a Public Interest Litigation (PIL) has been questioned by the state and central government counsels. Separately, a Hindu petitioner group, the Hindu Front for Justice, has cited Archaeological Survey of India (ASI) reports, claiming they support the existence of a temple preceding any mosque at the site, with its remains reused in mosque construction. Muslim representatives, also petitioners, have reportedly disagreed with the ASI's conclusions.
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The ASI, following a court order, conducted a scientific survey of the complex, submitting a detailed report to the High Court. This report concluded that the Kamal Maula Mosque structure was built using parts of ancient temples. The court has been reviewing this report, making it available to all parties involved for objections and recommendations.
Historical Context and Previous Claims
The Bhojshala-Kamal Maula Mosque dispute has a complex history. The ASI declared Bhojshala a protected monument. Historical accounts note the site being associated with both Hindu worship, particularly on Basant Panchami for Goddess Saraswati, and Muslim Friday prayers at the Kamal Maula Mosque. Various orders have regulated access for both communities over the years, with periods of communal tension.
The term 'Bhojshala' itself is noted as a colonial-era coinage, with the site identified as the Kamal Maula mosque. Arguments have been made that the property is Waqf land, suggesting any challenges should be brought before the Waqf Tribunal, not as a PIL. One petition, filed by a social activist, was reportedly withdrawn on technical grounds, with plans to file a fresh application in the prescribed format. This petition had also sought the return of the idol from London and the establishment of a Jain trust for the site's management.
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