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Bhojshala Dispute: Supreme Court Directs Centre, MP Govt to Provide Adjacent Space for Friday Namaz

The Supreme Court has directed the Centre and Madhya Pradesh government to provide an adjacent space near the disputed Bhojshala complex in Dhar for Friday namaz.

Bhojshala Dispute: Supreme Court Directs Centre, MP Govt to Provide Adjacent Space for Friday Namaz
Summary
  • The Supreme Court directed the Centre and Madhya Pradesh government to comply in letter and spirit with its July 14 order to provide an adjacent space for Friday namaz near the Bhojshala complex.

  • A bench headed by Chief Justice Surya Kant scheduled a compliance hearing for Friday following objections from Muslim petitioners over the distance of the allocated site.

  • Senior advocate Huzefa Ahmadi, representing the Muslim petitioners, argued that the administration had allocated a site two kilometres away from the disputed complex.

The Supreme Court has directed the Centre and the Madhya Pradesh government to comply "in letter and spirit" with its July 14 order. The interim order requires authorities to provide a separate space adjacent to the disputed Bhojshala Temple-Kamal Maula Mosque complex for Friday namaz.

A bench headed by Chief Justice of India Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, scheduled a compliance hearing for Friday. The directive followed objections from Muslim petitioners that the administration identified a site 2 km away.

Solicitor General Tushar Mehta, representing the Centre and the state government, countered that the location is 900 metres away from the disputed complex in Dhar.

Dispute Over Distance

Senior advocate Huzefa Ahmadi represented the Muslim petitioners during the hearing.

"They have allocated a place two kilometres away from the site," Ahmadi said.

Mehta informed the bench that he had engaged with officials regarding the distance. "I had a word with the authorities, and it is 900 metres away. But I am in talks with them and have asked them to identify an alternative site," Mehta said.

He assured the court that the administration would correct the latest order. "That order will be taken care of. I have already spoken to the authorities there," Mehta said.

The court reiterated the requirement for an "adjacent site" and warned the authorities. "The order has to be complied with in letter and spirit... We will list it on Friday, and you comply with the order of ‘adjacent site’," the bench said.

The Interim Arrangement

The Supreme Court issued an interim order on July 14 refusing to restore Friday namaz inside the disputed complex. It directed the state and the Archaeological Survey of India (ASI) to provide an open space "adjacent to or near" the premises for Friday namaz between 1pm and 3pm.

"Meanwhile, as an interim measure and without prejudice to the rights of both sides, it is directed that a separate open space, that is adjacent to or near the subject premises, may be provided..." the July 14 order stated.

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The court also restrained the ASI from carrying out structural alterations without prior permission.

The interim measure followed appeals filed by Jebran Ansari, Quazi Moinuddin, who is the mutawalli of the mosque, and the Maulana Kamaluddin Welfare Society. The petitioners challenged the Madhya Pradesh High Court verdict.

History Of Dispute

On May 15, the Madhya Pradesh High Court declared the 11th-century Bhojshala-Kamal Maula complex a temple of Goddess Saraswati. The court quashed a 2003 ASI order that permitted Muslims to offer Friday prayers. It ruled the Places of Worship Act 1991 inapplicable as the monument holds protection under the 1958 Act.

The high court relied on a 2024 ASI report. The survey found temple remnants, pillars, and inscriptions of Hindu deities, including Ganesh, Brahma, Narasimha, and Bhairava.

The site remains a key flashpoint. Hindu groups assert it is a temple, while Muslims maintain it is a mosque. The dispute mirrors other national cases involving historical claims, including the Gyanvapi Masjid in Varanasi and the Shahi Eidgah mosque in Mathura.

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