Muslim Side Moves Supreme Court, Challenges HC Order In Bhojshala Complex Case

Last Updated:May 22, 2026, 07:37 IST

After filing the petition, the Muslim side expressed hope that the apex court would stay the Madhya Pradesh HC ruling, which quashed the 2003 ASI order

Days after the Madhya Pradesh High Court declared the disputed Bhojshala complex in Dhar a temple, the Muslim side approached the Supreme Court, as it maintained that the site is the Kamal Maula mosque.

The Special Leave Petition (SLP) was filed by Quazi Moinuddin, who described himself as the caretaker of the Kamal Maula mosque, according to a report by news agency ANI. 

After filing the petition, the Muslim side expressed hope that the apex court would stay the Madhya Pradesh HC ruling, which quashed the 2003 Archaeological Survey of India (ASI) order that allowed the Muslim community to offer namaz on Fridays.

Abdul Samad, Kamal Maulana Welfare Society President, said the Muslim side would present its argument before the court, emphasising that namaz had always been held at the site.

“Whatever rights the Constitution has given us, we will take our point forward, and this mosque should remain and will remain a mosque… Regarding tomorrow’s prayer, wherever the Muslim community wishes to offer prayers, they can do so in their homes or in their private spaces", Samad said, as quoted by ANI. 

However, he stressed that the Muslim community would continue to abide by the directions of the court.

“If any court prohibits us from doing so, and if the court makes any rules, we will have to follow them, and we are already doing so… The Muslim community has always come here and will continue to come because this entire place belongs to the Muslim community… We had requested permission from the administration for namaz, but they cancelled our permission, citing the Law and Order…" Samad said.

What Madhya Pradesh HC Order Said

A bench of Justices Vijay Kumar Shukla and Alok Awasthi quashed the 2003 ASI arrangement “to the extent restricting the right of Hindus to worship within the Bhojshala complex and also the order permitting prayer by the Muslim community."

The High Court ruled that the religious character of the disputed monument was Bhojshala — a temple dedicated to Goddess Saraswati.

“The religious character of the disputed area is held to be Bhojshala, with a temple of Goddess Saraswati," the court had said.

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