The Supreme Court on Tuesday issued notices on petitions that were filed by a number of Muslim parties, challenging what the Madhya Pradesh High Court had done when it declared the historic Bhojshala-Kamal Maula complex in Dhar as a temple dedicated to Goddess Saraswati and then went on to stop namaz at the site. But a bench led by the Chief Justice of India Surya Kant, declined the Muslim petitioners’ request for something like a return to the earlier arrangement, one that had allowed Friday namaz and Hindu worship on separate fixed days. “Let us not pass any order which can cause tension,” the CJI commented.
SC Orders Alternate Space for Friday Namaz
The Supreme Court told the Madhya Pradesh government to arrange a separate open space close to the Bhojshala–Kamal Maula complex, so Muslims can attend Friday namaz between 1 pm and 3 pm. The bench said it is only a temporary arrangement and it will depend on what finally happens in the case.
In the same breath, the court instructed the Archaeological Survey of India (ASI) that it must not carry out any structural changes to the monument without taking its permission first. At the next hearing, it seems, will take place after three weeks.
Muslim Side Seeks Restoration of Earlier Worship Arrangement
Senior Advocate Huzefa Ahmadi, who was appearing for the Muslim side, asked if factual disputes can actually be settled through a writ petition. In his view, an arrangement that had been followed for almost 800 years seems to have been unsettled, without much basis.
Ahmadi asked the court to bring back what was in place since 2003, when Hindus and Muslims could worship at the site, on particular designated days. He then said, “Now we are totally ousted.”
Senior Advocate Abhishek Manu Singhvi responded by pointing out that there is evidence showing that namaz had been offered at the site for at least 700 years. He also described the entire complex as an “excellent example of communal harmony”, because both communities were permitted to pray and worship there.
“Fraternity and secularism cross-fertilise each other…something which has been continuing for years must be allowed to continue,” Singhvi submitted.
Solicitor General Tushar Mehta, appearing for the Madhya Pradesh government, opposed bringing back the earlier arrangement, saying that since the High Court’s ruling about two months ago, a few developments had happened.
“Once you come after two months and seek status quo ante, administrative problems will arise,” SG submitted.
Ahmadi, on the other hand, replied that the petition was moved soon after the High Court’s verdict and he argued that the court ought to have paused its order, so the parties could get time to approach the Supreme Court.
What Is the Bhojshala-Kamal Maula Dispute?
The court had also said that the Centre and the ASI could decide the administration and management of the Bhojshala complex, which is a protected monument from the 11th century under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The High Court held that the religious character of the disputed complex was the same as Bhojshala, a temple that’s associated with Goddess Vagdevi Saraswati and connected to the Parmar ruler Raja Bhoj, who is credited with turning Dhar into a place for Sanskrit learning.
The site is claimed by the Hindu community as Bhojshala, a place of worship dedicated to Goddess Saraswati, whereas the Muslim side identifies it as the Kamal Maula Mosque.
After the order of the High Court, Muslim parties in the case approached the top court challenging the order. Anticipating a challenge to the verdict, Hindu parties have also filed caveats in the apex court, seeking that no order be passed on any appeal in the case without hearing them.
A Hindu group had approached the High Court in 2022 seeking a scientific survey to determine the religious character of Bhojshala. On March 11, 2024, the High Court ordered a survey between March 22 and June 30 at the one-acre site.
The ASI report of the survey concluded that the monument was built from the remains of earlier temples and that the existing mosque structure was erected centuries later, as evidenced by inscriptions, sculptural fragments, and architectural remains.
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