NEW DELHI — The Madhya Pradesh government appears to have violated the Supreme Court’s directive to provide space for Friday prayers near the Kamal Maula Complex in Dhar. The apex court on July 14 had directed the state to earmark an alternative site near the complex for Muslims to offer Friday congregational prayers.
The complex was declared a temple by the Indore bench of the Madhya Pradesh High Court.
On Wednesday, the Supreme Court bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, agreed to hear on Friday a plea by the Muslim side alleging that the alternate site identified by the state is too far from the disputed complex.
The bench asked Solicitor General Tushar Mehta to seek instructions from the Madhya Pradesh government on whether an alternate prayer site can be provided adjacent to the disputed complex.
Senior advocate Huzefa Ahmadi, appearing for the Muslim appellants, told the court that its earlier order had clearly directed the state to provide an open space near the complex for Friday prayers. “The order was that the land should be near the Bhojshala site. The land given for Friday prayers is 2 km away. We have already missed Friday prayers,” Ahmadi submitted.
Representing the state, Mehta said the alternate site was around 900 metres from the disputed complex, not 2 km as claimed. He assured the court he would personally examine the issue and take corrective action if required.
“I will personally look into this and rectify it,” Mehta told the bench.
During the hearing, Justice Bagchi observed that the Supreme Court’s previous direction “has to be followed in letter and spirit.”
The bench then listed the matter for hearing on Friday and asked the Solicitor General to obtain instructions on the possibility of providing an “adjacent site” for Friday namaz.
The issue arises from the Supreme Court’s July 14 order while hearing appeals against the HC judgment that declared the disputed site in Dhar a temple dedicated to Goddess Vagdevi/Saraswati.
While hearing those appeals, the apex court had directed the state to provide a separate open space adjacent to the disputed site where Muslims could offer Friday namaz between 1 pm and 3 pm, until the dispute is finally resolved.
The Muslim side has now approached the Supreme Court again, claiming the alternate site provided by the state does not comply with the court’s direction, as it is located too far from the complex.
