The Supreme Court on Wednesday directed the Centre and the Madhya Pradesh government to ensure that its July 14 order on providing a site for Friday namaz near the disputed Bhojshala-Kamal Maula complex in Dhar is implemented “in letter and spirit”.
The direction came after counsel for the Muslim side told the court that the location identified by the state government was nearly two kilometres from the complex, contrary to the court’s instruction that an “adjacent” open space be provided. The submission alleged that the arrangement did not comply with the court’s earlier order.
Solicitor General Tushar Mehta, appearing for the Centre and the Madhya Pradesh government, disputed the claim, saying the site was around 900 metres away. He, however, told the bench that the authorities would explore an alternative location if required.
The bench, headed by Chief Justice Surya Kant and also comprising Justice Joymalya Bagchi, observed that its July 14 order had specifically used the term “adjacent to” while referring to the site for prayers, stressing that the direction must be followed in both letter and spirit.
The dispute stems from a May 15 judgment of the Madhya Pradesh High Court, which held that the Bhojshala complex is a temple dedicated to Goddess Saraswati. The High Court also set aside a 2003 Archaeological Survey of India order that had allowed Hindus to offer prayers at the site on Tuesdays and Muslims to conduct Friday namaz.
The High Court had, however, permitted the Muslim side to seek alternative land elsewhere in Dhar district for the construction of a mosque.
On July 14, the Supreme Court declined to restore the arrangement that existed before the High Court’s ruling, under which both communities offered prayers at the complex on designated days. Instead, it directed the state government to provide an open space adjacent to the complex for Muslims to offer Friday namaz between 1 pm and 3 pm as a temporary arrangement, pending the final outcome of the case.
The court had also directed the Archaeological Survey of India not to carry out any structural changes at the Bhojshala complex without its prior permission.
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