What's Next After Bhojshala Order? Hindu Side's Lawyer Speaks To NDTV

The High Court cancelled the 2003 Archaeological Survey of India (ASI) order allowing Muslims to offer Friday prayers on Bhojshala premises.

15 May 2026, 14:30 · www.ndtv.com

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The Madhya Pradesh High Court declared the Bhojshala-Kamal Maula site a temple
The Hindu side plans to worship immediately and prepare for the Supreme Court legal battle
The lawyer explained the Hindu side and the Muslim side's arguments before the court

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New Delhi:

Hours after the Madhya Pradesh High Court declared the disputed Bhojshala-Kamal Maula Mosque site in Dhar a temple, Vishnu Shankar Jain, the lawyer who represented the Hindu side, said exercising the fundamental rights of worship will be their immediate priority, followed by prepping for the larger legal struggle in the Supreme Court.

"We will worship in the premises in question. We will exercise our fundamental rights of worship in the premises in question in tune with Article 25, as well as Section 16 of the ASI Act 1958," he told NDTV when asked about the Hindu side's next course of action.

"And in case the Maulana Kamaluddin and Qazi Zakiullah (the Muslim petitioners) approach the honourable Supreme Court by way of an SLP (Special Leave Petition), we will also file our caveat, and we will also present our arguments before the court," he added.

The High Court cancelled the 2003 Archaeological Survey of India (ASI) order allowing Muslims to offer Friday prayers on Bhojshala premises.

Also read: Bhojshala Complex's Disputed Area Declared Temple By Madhya Pradesh High Court

Places of Worship Act

The lawyer said the Places of Worship Act, 1991 - which mandates maintaining the religious character of places of worship as they existed on August 15, 1947 - didn't apply to the disputed site in Dhar.

"We must understand the Places of Worship Act by what is written in the Act and not by the interpretation given by certain barristers in this country...The Places of Worship Act says that it will not be applicable in those places which are under the control of the Ancient Monuments and Preservation Act 1904 or within the control of the Ancient Monuments and Preservation Act 1958. So the Places of Worship Act isn't applicable in the premises in question," he said.

Jain described the ASI order as "erroneous".

"The second point is that the religious character of the premise in question has to be determined. You cannot enter into a temple and offer namaz, and vice versa. I cannot enter a mosque and offer puja. So if there is an erroneous order which has been passed by any authority, it is always subject to judicial review and the court, in its wisdom, can take use of the expert body like ASI under section 45 of the Indian Evidence Act by virtue of section 26, rule 9 and 10A of the Civil Procedure Court," he said.

Jain On Arguments In Courts

Jain also explained the Muslim side's argument.

"We must understand that this was a case where, on the strength of the order passed by the ASI, which is of 7th of April 2003, both the communities were given the right to worship in the premises. Now the Hindu side was worshipping in the premises in question every Tuesday, and the Muslim side was offering namaz on every Friday in the premises in question," he said.

"Now it is in this background that this petition was filed, and that is the most important argument which was raised by Salman Khurshid, the counsel for the Muslim side. So his basic argument was that such kind of disputes can't be decided in a writ judication and a civil suit must be filed. He had also argued for the applicability of the Places of Worship Act," he said.

He said the Hindu side cited ASI's survey that found remnants of a Hindu temple at the disputed site.

"We argued that these pillars and these plasters are those of a Hindu temple. So when ASI had gone for a survey in the premises in question, ASI had given a very conclusive finding that all these pillars and plasters were those of a Hindu temple," he added.

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