SC Directs Separate Space For Muslims Near Bhojshala For Friday Prayers, Calls Matter “Sensitive”

New Delhi – Observing that the Bhojshala dispute is “very sensitive”, the Supreme Court on Tuesday directed that a separate open space adjacent to the disputed site in Dhar, Madhya Pradesh, be provided for Muslims to offer Friday namaz between 1 pm and 3 pm till the case is decided.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the arrangement will be ad hoc and subject to the final outcome of the petitions. The court also barred the Archaeological Survey of India from making any structural changes at the site without its permission.

What the court said

The top court said both sides must exercise patience.

“These are very sensitive matters and both sides must have patience. What is being said in court can unnecessarily create controversies or send a wrong impression. We have to be very careful about every expression used,” the CJI observed.

“This is the first time that the issue relating to the interim arrangement is coming before us. The High Court’s order and the helplessness of the State in maintaining law and order are also being taken note of,” the bench said.

It added that the matter can be listed before an appropriate bench within 10-15 days and expressed readiness to hear it on a day-to-day basis.

Arguments in court

The court was hearing appeals by the Muslim side challenging the Madhya Pradesh High Court’s May 15 order, which held the disputed Bhojshala-Kamal Maula Mosque complex to be a temple dedicated to Goddess Saraswati. That order had quashed a 2003 ASI arrangement allowing Hindus to worship on Tuesdays and Muslims to offer namaz on Fridays.

Senior advocate Huzefa Ahmadi, for the Muslim side, said the HC order disturbed a status quo that existed for about 800 years and sought restoration of the 2003 arrangement.

Senior advocate Abhishek Singhvi argued that namaz had been offered at the site for at least 700 years, calling it an example of “communal harmony” where both communities worshipped.

Solicitor General Tushar Mehta, appearing for the MP government, opposed restoring the status quo ante, saying “administrative problems will arise” after two months.

Background

The Hindu community considers Bhojshala a temple of Goddess Saraswati, while the Muslim side calls the 11th-century monument the Kamal Maula Mosque. The ASI-protected complex has been a flashpoint for decades.

On May 15, the MP High Court ruled the site has the “religious character” of a temple and asked the Centre and ASI to decide its administration. It also said the Muslim side may approach the state government for separate land to build a mosque, and that the Centre “may consider” bringing back the idol of Goddess Saraswati from the London Museum.

Hindu parties have filed caveats in the Supreme Court seeking to be heard before any order is passed. The apex court has issued notice to the MP government, ASI and others on the Muslim side’s appeals.