New Delhi: The Supreme Court has allowed Hindu prayers from sunrise to sunset on Basant Panchami on Friday at the disputed Bhojshala-Kamal Maula Mosque in Madhya Pradesh’s Dhar district, while permitting Muslims to offer namaz from 1 pm to 3 pm on the day.
The top court on Thursday also directed that a list of persons from the Muslim community coming for namaz be given to the district administration.
Hindu and Muslim groups have sought a nod for religious activities at the Bhojshala complex on January 23, a Friday when Saraswati Puja will also be held on the occasion of Basant Panchami.
The court directed the district administration to ensure adequate law and order arrangements and take all necessary steps to facilitate the peaceful conduct of prayers by both communities.
“A separate space will be provided to the Hindu community for performing pooja rituals, with no restriction on the timing, allowing prayers to continue throughout the day. For the Muslim community, namaz will be held between 1 pm and 3 pm in a designated and separate area. District administration will make sure of all the arrangements to be made accordingly and maintain law and order. We request both sides to observe mutual respect and tolerance and to cooperate with the state and district administration in the maintenance of law and order,” the top court said.
The Supreme Court instructed that details regarding the number of persons expected to offer namaz be furnished to the district administration in advance so that appropriate arrangements, including passes, can be made.
The Chief Justice noted that the Additional Solicitor General (ASG) had suggested placing a limit on the number of devotees and providing separate entrances and designated areas for prayers to maintain order. The ASG and the Advocate General of Madhya Pradesh assured the court that law and order would be maintained smoothly, a stance the court appreciated.
The Chief Justice observed that similar arrangements had been made in the past and directed the administration to follow the same framework this time as well. The court also appealed to both communities to mutually respect each other.
The Supreme Court directed the Madhya Pradesh government and the Archaeological Survey of India (ASI) to ensure that adequate barricading and administrative arrangements are put in place to allow Basant Panchami havan and Friday (Juma) namaz to be conducted simultaneously at the disputed Bhojshala complex in Dhar district, in line with “past practice”.
The apex court said separate entry and exit arrangements must be made to ensure smooth movement and maintain law and order during the prayers. Hindus consider Bhojshala, an Archaeological Survey of India (ASI)-protected 11th-century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community calls it Kamal Maula mosque. Under an arrangement made by the ASI on April 7, 2003, Hindus perform puja on the Bhojshala premises on Tuesdays, and Muslims offer ‘namaz’ in the complex on Fridays.
The apex court also directed the Madhya Pradesh High Court to take up the main dispute relating to the Dhar temple-mosque (Bhojshala) complex and hear it expeditiously. The court asked the High Court to constitute a two-judge division bench, preferably headed by the Chief Justice of the High Court or the senior-most judge, to hear the matter.
The Supreme Court further ordered that the ASI survey report on Bhojshala, which has been submitted in a sealed cover, may be opened during court proceedings and copies supplied to both parties to enable them to file their objections and opinions.
The court said the parties may also be permitted to inspect the report in the presence of their experts or advocates, if any portion of the report cannot be made public.
Both sides have been granted two weeks to submit their objections, recommendations and responses after receiving the report.
Importantly, the Supreme Court directed that the status quo regarding the character of the disputed temple-cum-mosque site must be maintained until the final adjudication of the matter.
However, the court clarified that the parties shall continue to strictly follow the existing arrangement dated April 7, 2003, as laid down by the ASI, until the dispute is finally resolved.
