SC allows Muslims to offer Friday prayers at dargah near Bhojshala complex
Top court directs MP govt to facilitate namaz between 1 and 3 pm at adjoining dargah, while encouraging both sides to explore a mutually-acceptable site pending final adjudication
The Supreme Court on Thursday (July 30) permitted the Muslim side to offer Friday prayers at the premises of a dargah adjacent to the disputed Bhojshala complex at Dhar in Madhya Pradesh.
The top court directed the state government to ensure that Muslims are allowed to offer prayers at the site between 1 and 3 pm on Fridays.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, however, said that the instant direction does not preclude the state government and the Muslim side from exploring another site for Friday prayers with mutual consent.
SC's July 14 order
On July 14, the bench had directed that a separate open space be provided adjacent to the disputed site in Dhar for namaz on Fridays between 1 and 3 pm till the case is decided.
Also Read: Bhojshala case: SC issues notice, declines to restore Friday namaz at Dhar complex
Later, the Muslim side led by Haji Muneer Ahmad moved the top court alleging non-compliance with its directions to provide an alternative site, saying that the Dhar administration was providing a place which was 1.3 km away from the disputed Bhojshala complex. They said that the site should be close enough from where Muslims can sight the mosque while offering prayers.
Petitioners identify suitable parcels of land
Senior advocate Huzefa Ahmadi, appearing for the applicants, informed the court that several suitable parcels of land adjoining the Bhojshala complex were available, all of them waqf properties. He identified four possible locations, including dargah land adjoining the premises that had a separate access road. He also criticised the Collector’s refusal to allot any of these sites on the ground of possible law and order concerns.
Ahmadi referred to reports that certain groups had opposed the offering of namaz within 300 metres of the Bhojshala complex, and argued that constitutional rights could not be curtailed because of threats of disruption.
Also Read: HC says Bhojshala complex is Hindu temple; what's the row all about?
Additional Solicitor General KM Natraj, representing the State, said the government’s concern was only maintaining law and order, and that it did not want to enter into the competing claims of the parties. He told the court that the state was ready to explore other acceptable sites, including private land, if necessary.
Madhya Pradesh HC’s May 15 ruling
On May 15, the Madhya Pradesh High Court ruled that the disputed Bhojshala-Kamal Maula Mosque complex in Dhar district is a temple dedicated to Goddess Saraswati.
It simultaneously quashed a decades-old ASI order that had allowed the Muslim community to offer Friday prayers at the site. The high court had also said that the Centre and the ASI can decide on the Bhojshala complex's administration and management.
Also Read: Bhojshala verdict: How a narrow 1958 law was opened for a temple claim
The High Court’s judgement has been challenged before the Supreme Court.
(With agency inputs)