In a significant interim order aimed at maintaining communal harmony, the Supreme Court on Thursday laid down a detailed framework for simultaneous religious observances by Hindu and Muslim communities at the disputed Bhojshala-Kamal Maula Mosque complex in Dhar, Madhya Pradesh, this Friday, January 23.
Friday holds dual religious significance this year, coinciding with the Hindu festival of Basant Panchami, dedicated to Goddess Saraswati, and the Muslim Friday prayers (Jumu'ah).
A bench led by Chief Justice of India Surya Kant, and comprising Justices Joymalya Bagchi and Vipul M. Pancholi, issued the following arrangements based on "past practice" and assurances from the state administration:
For the Hindu Community: A separate space will be provided within the complex for performing puja and rituals, with no restriction on timing. Devotees can offer prayers throughout the day.
For the Muslim Community: A designated separate area will be allocated for offering Friday namaz between 1:00 PM and 3:00 PM.
The court directed the district administration to ensure adequate law and order arrangements, including barricading, and to create separate entry and exit points for the two groups to ensure smooth movement. The Muslim side was instructed to inform the administration in advance about the expected number of devotees for namaz to facilitate arrangements like passes.
Emphasizing the need for mutual respect, the bench appealed to both communities to "observe mutual respect and tolerance" and to cooperate fully with the state and district authorities. The court appreciated the assurances given by the Additional Solicitor General and the Advocate General of Madhya Pradesh regarding maintaining peace.
The Bhojshala complex, an 11th-century monument protected by the Archaeological Survey of India (ASI), is at the heart of a long-standing dispute. The Hindu community regards it as a temple of Goddess Saraswati (Vagdevi), while the Muslim community identifies it as the Kamal Maula Mosque.
Since April 7, 2003, an ASI-ordered arrangement has been in place, allowing Hindus to perform puja on Tuesdays and Muslims to offer namaz on Fridays at the site.
Beyond the immediate arrangement for January 23, the Supreme Court issued crucial directions for the expeditious resolution of the core title dispute:
High Court to Hear Main Case: The apex court directed the Madhya Pradesh High Court to take up the main suit regarding the complex and hear it promptly. It recommended that a Division Bench, preferably headed by the Chief Justice or senior-most judge of the High Court, be constituted for the purpose.
ASI Survey Report to be Opened: The court ordered that the ASI's scientific survey report of the site, submitted in a sealed cover, be opened in court. Copies will be provided to both parties, who will have two weeks to file their objections and responses. The report may be inspected by experts in the presence of the court where necessary.
Status Quo Maintained: Crucially, the Supreme Court directed that the status quo regarding the character of the site must be maintained until the final adjudication of the dispute. It clarified that the existing ASI arrangement from 2003 must be strictly followed until a final resolution is reached.
The Supreme Court's order represents a delicate balancing act—facilitating the religious rights of both communities on a day of overlapping significance while reinforcing the existing administrative arrangement. By fast-tracking the hearing in the High Court and mandating the sharing of the ASI report, the court has signaled a move towards a substantive, evidence-based resolution of the decades-old dispute, all within the framework of maintaining public order and communal harmony.
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