The apex court said it was ready to hear the matter on a day-to-day basis and resolve the issue
NEW DELHI — The Supreme Court on Tuesday directed the Madhya Pradesh government to earmark an open space next to the Kamal Maula Mosque complex in Dhar for Muslims to offer Friday prayers.
However, the bench declined a plea for restoration of the status quo ante — the arrangement under which namaz was offered at the site before it was declared a temple by the Madhya Pradesh High Court.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana said the space can be used by Muslims between 1 pm and 3 pm on Fridays. The court clarified that the arrangement is temporary and will be subject to the outcome of pending petitions.
The top court also restrained the Archaeological Survey of India (ASI) from carrying out any structural changes at the site without its prior permission.
Calling the issue “very sensitive,” CJI Surya Kant urged both sides to exercise restraint.
“These are very sensitive matters. What is being said in court can unnecessarily create controversies or send the wrong impression. We have to be very careful about every expression used,” he observed orally.
The CJI said this was the first time the interim arrangement was coming before the apex court. He noted the high court’s order and the State’s submission on “helplessness” in maintaining law and order. “Our view is that whatever arrangement is presently in place should continue. The matter can be listed before an appropriate bench within 10 to 15 days,” he added.
The court said it was ready to hear the matter on a day-to-day basis to resolve the issue.
Tuesday’s directions came during the hearing of a batch of appeals against the Madhya Pradesh High Court’s May 15 judgment. The high court had declared the Kamal Maula Mosque complex to be a temple dedicated to Goddess Vagdevi/Saraswati.
The court had also quashed a decades-old ASI order from 2003. Under that order, Hindus were allowed to worship at the Bhojshala on Tuesdays and on Vasant Panchami, while Muslims were permitted to offer Friday namaz at the Kamal Maula Mosque in the same complex.
For years, the site has been a flashpoint. The ASI describes Bhojshala as an 11th-century structure built by Paramara king Bhoja. Hindu groups claim it was a Saraswati temple that was later converted into a mosque. Muslim groups maintain it has been used as a mosque for centuries.
On Monday, senior advocate Huzefa Ahmadi and advocate Nizam Pasha, appearing for Muslim appellants, urged the bench to hear the pleas urgently. The CJI then asked the petitioners to remove defects from their pleas and assured them that they would be listed for hearing before an appropriate bench soon.
