Supreme Court Refuses Interim Relief for Namaz in Bhojshala; what top court said in its order?
New Delhi: The Supreme Court on Tuesday ordered the issuance of notices on petitions challenging a High Court verdict regarding the Bhojshala-Kamal Maula complex in Madhya Pradesh's Dhar district; the High Court had declared the site a temple dedicated to Goddess Saraswati and prohibited the offering of Namaz there.
However, a bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan refused to grant interim relief to restore the previous arrangement, under which Muslims were permitted to offer Friday prayers while Hindus worshipped on designated days.
The bench directed the Madhya Pradesh government to provide a separate open space adjacent to the disputed site for the Muslim side to offer Friday prayers between 1:00 PM and 3:00 PM. The Court clarified that this arrangement is entirely temporary, subject to the final outcome of the case, and would not affect the rights or claims of either party.
It is noteworthy that the Bhojshala-Kamal Maula complex has long been a subject of dispute; Hindus claim it is the Bhojshala temple dedicated to Goddess Saraswati, while the Muslim side identifies it as the Kamal Maula Mosque.
On May 15, the Madhya Pradesh High Court, relying on an Archaeological Survey of India (ASI) report, ruled that the site is a temple. Additionally, the High Court set aside the 2003 ASI arrangement—which allowed Hindus to worship and Muslims to offer Friday prayers on separate days—and stated that Muslims could seek alternative land for a mosque.
The petitions filed in the Supreme Court challenge this verdict. They argue that although the judgment states it is not deciding on ownership rights, it effectively determines the religious character of the site.
The petitions further contend that terminating the ASI's nearly two-decade-old arrangement violates the religious rights of the Muslim community and disrupts a long-standing arrangement of coexistence.