Bhojshala row: SC to hear Muslim side's plea over alternate namaz site, seeks response of MP

The Supreme Court has agreed to hear on Friday a plea by the Muslim side challenging the location of the alternative site identified by the Madhya Pradesh government for offering namaz near the disputed Bhojshala complex in Dhar.

The Muslim side has alleged that the site identified by the state authorities is located too far from the disputed monument, despite the court’s direction to provide an open space adjacent to the complex for Friday prayers.

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The Madhya Pradesh government, represented by Solicitor General Tushar Mehta, told a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana that efforts were underway to identify a more suitable location closer to the site.

"I have asked them to identify a nearby site, and the process is going on," Mehta told the bench after it sought instructions on the possibility of providing an alternative prayer space adjacent to the disputed complex.

Senior advocate Huzefa Ahmadi, appearing for the Muslim side, told the court that its earlier order had directed the state to provide an open area near the Bhojshala site for prayers. He alleged that the location identified by authorities was around 2 km away.

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"We have already missed Friday prayers," Ahmadi said.

The Solicitor General, however, informed the bench that the identified site was approximately 900 metres away from the disputed complex. He assured the court that he would personally examine the matter and take corrective steps if required.

"I will personally look into this and rectify it," Mehta said.

Justice Bagchi observed that the court’s earlier order "has to be followed in letter and spirit".

The bench directed the Solicitor General to seek instructions from the Madhya Pradesh government on providing an "adjacent site" for namaz and listed the matter for hearing on Friday.

The issue relates to appeals filed by the Muslim side against a Madhya Pradesh High Court order declaring the disputed Bhojshala complex a temple dedicated to Goddess Saraswati. On July 14, while hearing the appeals, the Supreme Court had directed the state government to provide a separate open space adjacent to the disputed site for Friday namaz between 1 pm and 3 pm until the matter is finally decided.

The Madhya Pradesh High Court, in its May 15 order, had held that the Bhojshala complex was a temple dedicated to Goddess Saraswati. The ruling had overturned the April 2003 order of the Archaeological Survey of India (ASI), which allowed Hindus to offer prayers on Tuesdays and Muslims to offer namaz on Fridays.

The Supreme Court had earlier agreed to hear the Muslim side’s appeals against the High Court verdict on a day-to-day basis to resolve the matter.

The Bhojshala complex, an ASI-protected monument in Dhar, remains a disputed religious site. The Hindu community considers it a temple dedicated to Goddess Saraswati, while the Muslim side identifies it as the 11th-century Kamal Maula Mosque.

The apex court has clarified that the arrangement for a prayer space for Muslims would remain temporary and subject to the final outcome of the petitions. It has also directed that the ASI should not undertake any structural changes at the site without prior permission from the court.

While admitting the Muslim side’s petition, the Supreme Court had issued notices to the Madhya Pradesh government, ASI and other parties involved in the matter.

The court had also said it needed to be cautious with every expression used during proceedings. The High Court had earlier observed that the Centre and ASI could decide on the administration and management of the Bhojshala complex.

Meanwhile, Hindu parties have filed caveats before the Supreme Court, seeking that no order be passed on any appeal related to the dispute without hearing their side.

With agency inputs