Bhojshala case: SC issues notice, declines to restore Friday namaz at Dhar complex

Even as it issued notice on petitions filed by several Muslim parties against the Madhya Pradesh High Court's ruling declaring the Bhojshala-Kamal Maula complex in Dhar a temple dedicated to Goddess Saraswati and prohibiting the offering of namaz there, the Supreme Court on Tuesday (July 14) declined to restore the earlier arrangement under which Muslims offered Friday namaz while Hindus worshipped on designated days.

The development took place during the hearing of the appeals by the bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana. "Let us not pass any order which can cause tension," the CJI observed, as quoted by Live Law.

SC issues notice

The Court directed the State to provide a separate open space adjoining the disputed site for Friday prayers between 1 PM and 3 PM.

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Elaborating further, it clarified that the arrangement is purely ad hoc, subject to the final outcome of the case, and without prejudice to the parties' claims. The bench also directed the Archaeological Survey of India (ASI) not to carry out any structural changes to the monument without the Court's prior permission and posted the matter for final hearing after three weeks.

Interim prayer arrangement

Senior Advocate Huzefa Ahmadi argued that the High Court had resolved disputed questions of fact in a writ petition and disturbed an arrangement that had existed for centuries. Seeking restoration of the 2003 ASI framework, he submitted, "Now we are totally ousted."

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Senior Advocate Dr Abhishek Manu Singhvi contended that namaz had been offered at the site for at least 700 years and described the shared worship arrangement as "an "excellent example of communal harmony."

"Fraternity and secularism cross-fertilise each other...something which has been continuing for years must be allowed to continue,” he added.

Muslim parties object

However, Solicitor General Tushar Mehta argued that restoring the previous arrangement after two months would create administrative difficulties.

Senior Advocate Meenakshi Arora, appearing for the Muslim petitioners, questioned disturbing a long-standing arrangement, submitting, "If for generations together, there has been a mosque which dates back to 12th century, and there have been worship offered for at least 800 years, why should it be disturbed? After 800 years, to stop worship by one community, it will be too harsh."

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The petitions challenge the High Court's findings on the site's religious character and its decision to quash the 2003 ASI circular, arguing that the two-decade-old arrangement balanced worship rights, monument preservation, public order and communal harmony.