Interim arrangement ordered while the Bhojshala dispute remains pending before the courts
The Supreme Court on Thursday directed the Madhya Pradesh government to ensure that members of the Muslim community are allowed to offer Friday namaz at a dargah located near the disputed Bhojshala complex in Dhar district.
A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana ordered that prayers be permitted between 1 pm and 3 pm every Friday, while the long-running dispute over the site remains pending before the courts.
Court modifies interim arrangement
The order came after the Muslim side informed the apex court that the alternate site identified by the state government was nearly 1.3 kilometres away from the Bhojshala complex, making it difficult for devotees to offer namaz while maintaining a visual connection with the site.
Earlier, on July 14, the Supreme Court had directed the state to provide an open space near the complex as an interim arrangement until the dispute is finally adjudicated.
State cites law and order concerns
Appearing for the Madhya Pradesh government, Additional Solicitor General KM Natraj told the court that the state was focused on maintaining law and order rather than adjudicating competing religious claims.
“As a state, we don’t want to get into competing rights. We are only on the law and order situation,” he submitted.
Justice Joymalya Bagchi, however, observed that safeguarding religious freedoms while maintaining peace is a constitutional obligation of the state.
“As a state, it is your duty to ensure their rights are protected,” the judge remarked.
Chief Justice Surya Kant also noted that one of the proposed locations near the Bhojshala complex has a separate entry and exit, making it a suitable arrangement for the interim period.
Background of the dispute
The development comes months after the Madhya Pradesh High Court, on May 15, ruled that the disputed Bhojshala-Kamal Maula complex is a temple dedicated to Goddess Saraswati. The High Court also set aside a decades-old Archaeological Survey of India (ASI) arrangement that had permitted Muslims to offer Friday prayers at the site.
The matter continues to remain under judicial consideration.
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