In a significant interim order in the long-running Bhojshala dispute, the Supreme Court on Tuesday directed the Madhya Pradesh government to provide an alternative open space adjacent to the Bhojshala complex for members of the Muslim community to offer Friday prayers. The apex court clarified that the existing arrangement at the disputed Bhojshala site in Dhar district would remain unchanged while the matter is under judicial consideration.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohan was hearing a batch of appeals challenging the Madhya Pradesh High Court's May 15 judgment, which declared the disputed Bhojshala-Kamal Maula Mosque complex to be a temple dedicated to Goddess Saraswati. While balancing the interests of both communities, the Supreme Court directed the state government to make arrangements for the Muslim side to offer Namaz at an open space between 1:00 pm and 3:00 pm every Friday. The court also instructed the authorities to ensure proper management and security for the prayers.
The Supreme Court made it clear that the Muslim community would not be permitted to offer Namaz inside the Bhojshala complex during the pendency of the case. Instead, the state government has been tasked with identifying and maintaining an alternative location nearby so that religious practices can continue without disturbing the current status of the disputed site.
During the hearing, the apex court also issued notices to the Central Government, the Archaeological Survey of India (ASI), the Hindu Front for Justice, and other Hindu parties on the petition filed by the Muslim side challenging the Madhya Pradesh High Court's verdict. The respondents have been asked to file their responses as the Supreme Court proceeds with the matter.
Emphasising the sensitive nature of the dispute, the bench urged both Hindu and Muslim parties to exercise patience. The judges observed that every statement made in court carries significant weight and could potentially create unnecessary controversy or misunderstanding.
"These are very sensitive matters. 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 bench remarked during the proceedings.
The Chief Justice noted that the issue relating to the interim arrangement had come before the Supreme Court for the first time. He also observed that the court had taken note of the Madhya Pradesh High Court's order as well as the state's concerns regarding the maintenance of law and order. The bench indicated that while the present arrangement would continue, the case would be listed before an appropriate bench within the next 10 to 15 days for further hearing. The court also expressed its willingness to hear the matter on a day-to-day basis in an effort to resolve the dispute expeditiously.
The hearing followed an urgent plea made on Monday by senior advocate Huzefa Ahmadi and advocate Nizam Pasha, appearing for the Muslim appellants. They had sought an early listing of the petitions, after which the Chief Justice directed that procedural defects in the petitions be removed and assured that the matter would be listed promptly.
The dispute stems from the Madhya Pradesh High Court's judgment delivered on May 15, which held that the Bhojshala-Kamal Maula Mosque complex is a temple dedicated to Goddess Saraswati. The High Court also quashed a decades-old ASI order that had permitted the Muslim community to offer Friday prayers at the site. The ruling has been challenged before the Supreme Court, where the matter will now undergo further judicial scrutiny.
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