Confused by the Bhojshala news? Here is how to access the MP High Court judgment, understand the ASI's new role, and verify the facts for yourself.
You are scrolling through your family WhatsApp group and it is blowing up with "Victory!" or "Injustice!" messages about the Bhojshala-Kamal Maula complex in Dhar. One cousin claims it is now officially a temple; another says the ASI rules have been illegally quashed. Instead of getting caught in a flame war or sharing unverified screenshots, you want the actual receipts. Whether you are a law student, a history buff, or just a curious resident of Madhya Pradesh, knowing how to find and read a High Court judgment is a civic superpower. Here is how you cut through the noise and see what the law actually decided.
The status of the Bhojshala monument is governed primarily by the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958. Under Section 16 of this Act, the government has the power to preserve the character of a monument. For over two decades, the site was managed under an Archaeological Survey of India (ASI) circular dated April 7, 2003. This "arrangement" allowed Hindus to perform puja on Tuesdays and Muslims to offer Namaz on Fridays.
However, in the case of Maulana Kamaluddin Welfare Society vs. Union of India & Ors. (Writ Petition No. 10497 of 2022), the Madhya Pradesh High Court (Indore Bench) reviewed this arrangement. The court’s decision to quash the 2003 circular was largely based on the findings of a scientific survey conducted by the ASI in 2024. The court exercised its jurisdiction under Article 226 of the Constitution of India, which allows High Courts to issue directions or orders to any government authority (like the ASI) if their previous orders are found to be inconsistent with the facts or the law.
The ruling essentially changes the character of the site from a "shared" religious space back to its original status as determined by the archaeological evidence presented in court. It is important to note that while the High Court has quashed the circular, the site remains a protected monument under the ASI. Any person attempting to damage the structure or incite violence over the ruling can be booked under Section 196 of the Bharatiya Nyaya Sanhita (BNS) 2023 (formerly IPC 153A) for promoting enmity between different groups on grounds of religion. If the local administration has imposed restrictions on gatherings, these are issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2024 (formerly Section 144 CrPC).
Do not rely on news snippets or social media summaries. The only source of truth is the MP High Court portal.
Court judgments can be 100+ pages long. You don’t need to read every word to understand the immediate impact.
The ASI is the ground-level manager of the site. Following a High Court order, the ASI issues a fresh notification or updates the notice board at the monument gate.
In sensitive cases like Bhojshala, the District Magistrate (DM) of Dhar often issues prohibitory orders to prevent crowds from gathering.
If you see posts that misinterpret the judgment to call for violence or spread communal hatred, take action.
High Court orders are often challenged in the Supreme Court of India.
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Even with the judgment in hand, finding the ground truth in Dhar can be tricky. Here is where the process usually hits a wall and how you can navigate it:
The MPHC Portal is down or "Not Secure": The Madhya Pradesh High Court website (mphc.gov.in) often goes through maintenance or triggers "connection not private" warnings in your browser.
Local "Section 163" lockdowns: When a sensitive judgment is released, the District Magistrate (DM) often imposes Section 163 of the BNSS (formerly Section 144) around the monument. This means even if the High Court says you have a right to enter, the local police might stop you to "maintain public order."
The "Stay Order" confusion: High Court rulings are often challenged immediately in the Supreme Court. A "Stay Order" means the High Court's decision is put on hold until the SC decides.
ASI Notice Boards are outdated: The physical boards at the Bhojshala gate might not be updated for weeks after a ruling.
If you want the official, written rules for entry post-judgment, send this RTI to the CPIO, Archaeological Survey of India, Bhopal Circle. You can file this online at rtionline.gov.in for ₹10.
Text:
Regarding the Bhojshala-Kamal Maula Monument in Dhar (MP), please provide the following information under the RTI Act 2005:
- A certified copy of the latest order/notification issued by the ASI regarding the schedule for religious practices and public entry following the MP High Court judgment in WP 10497/2022.
- The specific days and timings currently allotted for different communities to visit or perform rituals at the site as of [Insert Date].
- A copy of the safety guidelines or restrictions currently in place for visitors carrying cameras or mobile phones inside the monument.
When someone drops a "Forwarded as received" message claiming the site is now X or Y, use this to de-escalate and demand receipts.
Script:
"Hey, there's a lot of conflicting info on this. The MP High Court actually passed a final order on this in WP 10497/2022 based on the 2024 ASI survey. Instead of the forwarded summary, you can read the actual 'Operative Part' of the judgment on page [X] of the MPHC PDF. It’s better we stick to what the Justice wrote rather than what's trending on Twitter. Here is the link to the official portal: https://mphc.gov.in"
If you are a student researcher or journalist planning to visit during a sensitive period:
To: dmdhar[at]nic[dot]in Subject: Inquiry regarding visitor access to Bhojshala Monument - [Your Name] Body:
Respected Collector, I am [Your Name], a student/resident of [City]. I plan to visit the Bhojshala monument on [Date]. In light of the recent High Court ruling (WP 10497/2022), I would like to know if there are any active prohibitory orders under Section 163 BNSS that restrict entry for general visitors on that day. Please confirm the permitted visiting hours to avoid any legal non-compliance.
It depends entirely on the latest ASI notification issued after the judgment. The High Court ruling quashed the 2003 circular, but the ASI usually issues a fresh "Regulatory Order" to manage the crowd. Always check the notice board at the entrance or the Dhar District portal. If the Supreme Court has stayed the HC order, the old Tuesday/Friday split remains.
Yes. Regardless of whether it is identified as a temple or a mosque, it remains under the AMASR Act, 1958. You cannot damage, paint, or alter any part of the structure. Doing so is a criminal offence under Section 30 of the Act, punishable with imprisonment up to 2 years or a fine up to ₹1 lakh.
As of 2024, for ASI-protected non-world heritage monuments, the entry fee is typically ₹25 for Indians and ₹300 for foreigners if paid via cash, or slightly less if paid digitally. Check the asi.payumoney.com portal for the most current rates for the Bhopal Circle.
Usually, photography without a tripod is allowed in ASI monuments for non-commercial use. However, in sensitive sites like Bhojshala, the District Administration often bans mobile phones inside the sanctum area to prevent viral videos that could trigger communal tension. Check the local police signboards outside the gate.
The Supreme Court is the final authority. Under Article 141 of the Constitution, the law declared by the Supreme Court is binding on all courts in India. If the SC sets aside the MP High Court judgment, the status of the monument will revert to whatever the SC directs, and the ASI will have to issue a new circular accordingly.
The ASI survey report (the one mentioned in the 2024 ruling) is a public document once it is submitted to the Court. You can usually find it as an "Annexure" to the judgment on the MPHC portal. If it is not available there, you can file an RTI with the ASI Bhopal Circle specifically asking for the "Scientific Survey Report of Bhojshala, Dhar, submitted to the MP High Court in 2024."
It depends entirely on the latest ASI notification issued *after* the judgment. The High Court ruling quashed the 2003 circular, but the ASI usually issues a fresh "Regulatory Order" to manage the crowd. Always check the notice board at the entrance or the Dhar District portal. If the Supreme Court has stayed the HC order, the old Tuesday/Friday split remains.
Yes. Regardless of whether it is identified as a temple or a mosque, it remains under the **AMASR Act, 1958**. You cannot damage, paint, or alter any part of the structure. Doing so is a criminal offence under Section 30 of the Act, punishable with imprisonment up to 2 years or a fine up to ₹1 lakh.
As of 2024, for ASI-protected non-world heritage monuments, the entry fee is typically ₹25 for Indians and ₹300 for foreigners if paid via cash, or slightly less if paid digitally. Check the [asi.payumoney.com](https://asi.payumoney.com) portal for the most current rates for the Bhopal Circle.
Usually, photography without a tripod is allowed in ASI monuments for non-commercial use. However, in sensitive sites like Bhojshala, the District Administration often bans mobile phones inside the sanctum area to prevent viral videos that could trigger communal tension. Check the local police signboards outside the gate.
The Supreme Court is the final authority. Under **Article 141 of the Constitution**, the law declared by the Supreme Court is binding on all courts in India. If the SC sets aside the MP High Court judgment, the status of the monument will revert to whatever the SC directs, and the ASI will have to issue a new circular accordingly.
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