BHOPAL, 11 March 2003 — The controversial claim by Hindu zealots to acquire Bhojshala complex, which houses a mosque, has taken a new turn. The Madhya Pradesh Minorities Commission Chairman Ibrahim Qureshi has revealed some startling facts to assert that the disputed Bhojshala structure is the Jama Masjid of Dhar, a small town near Indore.
The structure, known as Kamaal Maula Masjid, is a waqf property and neither the state nor the federal government has any right to change the use or structure of waqf property.
Qureshi has submitted an interim report to this effect to state Chief Minister Digvijay Singh. Qureshi told Arab News that actually it was Jama Masjid Dhar, which was later known as Bhojshala. The report said that under the Central Waqf Act, 1954, and the notification issued by the MP government on Jan. 18, 1985, Jama Masjid Dhar was declared a waqf property.
And under Section 6 of the new Central Waqf Act, 1995, all disputes related to waqf property should be referred to the competent court within a year for early disposal. He said only the Waqf Tribunal could solve the ownership and other related matters under the new Central Waqf Act 1995. As far as Jama Masjid was concerned, no case was pending in any court, he pointed out. The Jama Masjid Dhar was a religious place of Muslims and it was protected under Sections 4 & 6 of The Places of Worship (Special Provisions) Act, 1991, he added.
He further said that as far as the Archaeological Survey of India (ASI) was concerned, it has only the responsibility of the maintenance and protection of historical monuments. He pointed out that neither the federal government nor the state government has a right to change the usage or its character.
And if the federal government wanted to change the character of the building, then it had to make the necessary amendments in the Central Waqf Act, 1995 and the Places of Worship Act, 1991. And for making an amendment the Bhartiya Janata Party-led federal government does not have the requisite majority in the Lok Sabha.
