Indore (PTI): The disputed Bhojshala Temple-Kamal Maula Mosque complex has historically been registered as a 'mosque' in revenue records and available sources don't clearly mention any Saraswati temple established by then-king Raja Bhoj, the Muslim side has told the Madhya Pradesh High Court.
The Hindu community considers Bhojshala a temple dedicated to Goddess Saraswati, while the Muslim side calls the 11th-century monument Kamal Maula Mosque. The disputed complex located in Dhar district is protected by the Archaeological Survey of India (ASI).
During the hearing before the HC's Indore bench of Justices Vijay Kumar Shukla and Justice Alok Awasthi on Wednesday, Qazi Moinuddin questioned two PILs filed as intervenors in the Bhojshala case by an organisation named Hindu Front for Justice, one Kuldeep Tiwari and another individual.
Moinuddin claims to be a descendant of Sufi saint Maulana Kamaluddin Chishti and the 'Sajjadanashin' (spiritual head, guru, or successor of a Sufi shrine, khanqah, or religious site).
The PILs state that Bhojshala is actually a Saraswati temple and only Hindus should be granted the right to worship at the disputed complex.
Moinuddin's lawyer, Noor Ahmed Sheikh, claimed in the court that his client's ancestors, who are descendants of Maulana Kamaluddin Chishti, have historically held titles to the complex, and the site was also recorded as a "mosque" in government revenue records.
He contended that those associated with the management of the Kamal Maula Mosque, located within the complex, have been in "continuous and peaceful occupation" of the site for a long time.
Citing Muslim law, Sheikh argued that in the case of religious property, particularly a mosque or its related properties, officials such as the Sajjadanashin and Mutawalli (person entrusted with management, maintenance, and administration of a Waqf), and their descendants, not only have the right to intervene, but also have the right to manage and use such a structure.
Citing provisions of the Ancient Monuments Preservation Act 1904, the Muslim side's lawyer said the term "in-charge of the property" is used in this law, which makes it clear that the person or party who has been in charge of a property for a long time has rights over it.
During the hearing, Touseef Warsi, the lawyer representing the Maulana Kamaluddin Welfare Society of Dhar, claimed that Hindu parties in both PILs had made "misleading representations" regarding historical facts before the high court.
He further claimed that available historical sources do not clearly mention the existence of a Saraswati temple established by Raja Bhoj, the legendary king of the Parmar dynasty who ruled Dhar from 1010 to 1055.
The ASI, a central government agency, has adopted three different positions in the lawsuits filed regarding the Bhojshala dispute, changing its answers from time to time, and this situation raises serious questions about judicial scrutiny of the complex, Warsi submitted.
He raised objections regarding the ASI's process of scientific survey of the Bhojshala complex, carried out on the HC order in 2024, and the method of videography and requested the court to examine these objections.
The hearing in the Bhojshala case will continue on Thursday.
The HC has been regularly hearing four petitions and one writ appeal since April 6, contesting the religious nature of the monument.
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New Delhi (PTI): The Delhi High Court on Thursday directed preservation of the assets of late Sunjay Kapur, ruling that all "suspicious circumstances" raised by the industrialist's children from his marriage with actor Karisma Kapoor have to be completely removed by his third wife, Priya Kapur, before the acceptance of his purported last will.
Justice Jyoti Singh passed the interim order on an application filed by Karisma Kapoor's children to restrain Priya Kapur from alienating their father's assets, reportedly worth Rs 30,000 crore.
The interim application was filed in a suit by the children, challenging their late father's purported will of his assets.
"Having heard and on examination of the material on record, I have the considered view that all legitimate suspicious circumstances raised by the plaintiffs will have to be completely removed by defendant number one (Priya Kapur) before the document is accepted as the last will," the judge said.
"Plaintiffs have made out a prima-facie case that the assets which are subject matter need to be protected, preserved, pending disposal of the suit," she added.
Justice Singh ordered that the equity shareholdings in the three Indian companies of the deceased cannot be changed and also restrained the disposal of his personal effects, including artwork.
The court said if the assets are not preserved and Priya Kapur ultimately fails to prove the validity and genuineness of the will, the deceased's children from his marriage with Karisma Kapoor -- his second wife -- and his mother Rani Kapur would be deprived of their legitimate shares.
"I have restrained from alienating, transferring, pledging, liquidating or in any other manner changing the equity shareholdings in the three Indian companies. I have restrained from withdrawing the PF amount. I have restrained from withdrawing monies from the three accounts except to the extent of discharging liabilities towards the children," the judge said.
The court clarified that it has not passed the order with respect to immovable foreign assets.
A detailed copy of the verdict is awaited.
Sunjay Kapur died on June 12, 2025, after collapsing during a polo match in England. He had reportedly suffered a sudden cardiac arrest.
