SC refuses interim stay on MP HC’s Bhojshala verdict, allows Friday namaz at nearby open space
New Delhi, July 14 (IANS) The Supreme Court on Tuesday refused to stay the Madhya Pradesh High Court’s verdict declaring the disputed Bhojshala-Kamal Maula Mosque complex in Dhar as a Hindu temple, but directed the state government to provide a separate open space near the monument for members of the Muslim community to offer namaz on Fridays between 1 p.m. and 3 p.m. as an ad hoc arrangement.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana directed that the interim arrangement would be “without prejudice to the rights of both sides” and would remain subject to the final outcome of the special leave petitions (SLPs) against the High Court’s verdict.
“Without prejudice to the rights of both sides, it is directed that a separate open space adjacent/near to the subject premises may be provided to the appellant and other members of the community for offering namaz on Friday between 1-3 PM. It shall be ensured that no disturbance is caused from both sides in performance of religious affairs. Arrangement shall be ad-hoc in nature and subject to final outcome of the present proceedings,” the CJI Kant-led Bench ordered.
However, the apex court declined to grant interim permission to the Muslim side to offer Friday namaz inside the Bhojshala premises, effectively allowing the MP High Court’s ban on prayers within the protected complex to continue.
Appealing for restraint, the CJI Kant-led Bench observed that “both sides must have patience” and assured that the matter would be listed for final hearing at the earliest. It also protected the existing condition of the protected monument by directing that the Archaeological Survey of India (ASI) will not undertake any structural alterations without prior permission of the top court.
After senior advocate Huzefa Ahmadi, appearing for the Muslim side, expressed apprehensions over possible changes to the monument, the CJI Kant-led Bench ordered: “Structural alterations, if proposed by ASI, should not be carried out without leave of this court.”
The matter is expected to be listed again after two to three weeks.
The Supreme Court also issued notices on the SLPs filed by the Muslim side to the Centre, the Madhya Pradesh government, the ASI, the District Magistrate concerned and the Hindu respondents, seeking their responses.
The Muslim side has challenged the May 15 judgment of the Indore Bench of the Madhya Pradesh High Court, which recognised the Bhojshala complex as a Hindu temple and held that the Hindu community’s right to worship at the site “was never extinguished”.
The High Court had quashed the Archaeological Survey of India’s April 7, 2003 order permitting Muslims to offer namaz on the premises on Fridays, holding that the arrangement was inconsistent with the established religious character of the monument.
It had ruled that exclusive worship rights would remain with the Hindu side while suggesting that the state government consider allotting alternative land to the Muslim community for the construction of a mosque.
A Bench of Justices Vijay Kumar Shukla and Alok Awasthi had relied extensively on the 2024 ASI survey, which recorded Sanskrit inscriptions, a havan kund and other architectural features associated with a Hindu temple and a centre of Vedic learning.
It had also directed the Union government to make efforts for the repatriation of the ancient idol of Goddess Saraswati, believed to be housed in the British Museum in London.
The Bhojshala complex in Dhar has remained one of central India’s most sensitive religious disputes. Hindus claim it was established by Raja Bhoj in the 11th century as a temple dedicated to Goddess Saraswati and a centre of Sanskrit learning, while the Muslim side maintains that the Kamal Maula Mosque has existed at the site for centuries and that Friday namaz had been offered there under the earlier administrative arrangement.
–IANS
pds/dpb
