The Supreme Court allowed Hindus to offer prayers all day on Basant Panchami at the Bhojshala-Kamal Maula complex in Dhar. It also permitted Muslims to perform namaz from 1 pm to 3 pm, urging respect and law and order.
NEW DELHI : The Supreme Court permitted Hindus to offer prayers throughout the day on Basant Panchami on Friday, January 23 at the contested Bhojshala-Kamal Maula Mosque complex in Madhya Pradesh’s Dhar district. The court also allowed members of the Muslim community to conduct Friday prayers (namaz) at the site from 1 pm to 3 pm that day.
A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, urged both communities to exercise mutual respect and work in collaboration with local and state authorities to maintain law and order.
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Hindus regard Bhojshala, an 11th century monument protected by the ASI, as a temple dedicated to the Goddess Saraswati (Vagdevi), while the Muslim community refers to it as the Kamal Maula mosque. Under an arrangement made by the ASI on April 7, 2003, Hindus are permitted to perform puja at the Bhojshala premises on Tuesdays, and Muslims conduct ‘namaz’ there on Fridays.
Hindu and Muslim groups sought approval for religious activities at the Bhojshala complex on January 23, coinciding with Saraswati Puja, celebrated on Basant Panchami.
The court directed the district administration to establish effective law and order measures, ensuring that prayers from both communities could be conducted peacefully.
The Supreme Court stated,
“A separate space will be provided to the Hindu community for performing pooja rituals, with no restrictions on 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. The district administration will ensure all arrangements are 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 maintaining law and order,”
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The Chief Justice noted that the Additional Solicitor General (ASG) had proposed “capping the number of devotees and creating separate entrances and designated spaces for prayers to uphold order”. The ASG and the Advocate General of Madhya Pradesh promised the court that law and order would be maintained smoothly, a commitment appreciated by the bench.
The Chief Justice gave following directions,
- He remarked that arrangements for capping the number of devotees and creating separate entrances and designated spaces for prayers had been successfully implemented in the past and directed the administration to adhere to the same framework this time.
- The court instructed that the district administration be informed in advance of the number of attendees expected for namaz to facilitate appropriate arrangements, including passes.
- The Supreme Court ordered the Madhya Pradesh government and the Archaeological Survey of India (ASI) to ensure adequate barricading and administrative measures are in place to allow for the concurrent conduct of Basant Panchami havan and Friday (Juma) namaz at the disputed Bhojshala complex, following “past practice.”
- The apex court stated that separate entry and exit arrangements must be established to facilitate smooth movement and maintain order during the prayers.
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Additionally, the Supreme Court instructed the Madhya Pradesh High Court to expedite hearings on the main dispute concerning the Dhar temple-mosque (Bhojshala) complex. The court requested the High Court to form a two-judge division bench, preferably headed by the Chief Justice or the senior-most judge, to address the matter.
The Supreme Court also ordered that the ASI survey report on Bhojshala, which has been submitted in a sealed cover, be reviewed during court proceedings and copies provided to both parties for objections and feedback. The court stated that the parties may inspect the report in the presence of their experts or advocates if any part cannot be made public. Both sides have been given two weeks to submit their objections and suggestions after receiving the report.
Crucially, the Supreme Court mandated that the status quo regarding the character of the disputed site must be maintained until the matter is conclusively resolved. However, the court clarified that the parties should adhere to the existing arrangement made on April 7, 2003, as established by the ASI until the dispute is ultimately settled.
Case Title: Maulana Kamaluddin Welfare Socirty Dhar MP v. Hindu Front for Justice
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