The Supreme Court agreed to hear on Friday a plea of the Muslim side alleging that the alternative site identified by the Madhya Pradesh government for offering namaz was located too far from the disputed Bhojshala complex in Dhar.
The Madhya Pradesh government, represented by Solicitor General Tushar Mehta, told a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana that he will persuade the administration to identify a nearer spot.
"I have asked them to identify a nearby site, and the process is going on," the law officer said when the bench asked him to obtain instructions on the possibility of providing an alternative prayer site adjacent to the disputed complex.
On July 14, the bench, while taking up appeals filed by the Muslim side against the Madhya Pradesh High Court's judgment declaring the disputed Bhojshala complex a temple dedicated to Goddess Saraswati, had directed the state government to provide a separate open space adjacent to the disputed site for offering Friday namaz between 1 pm and 3 pm until the matter is finally decided.
Senior advocate Huzefa Ahmadi, appearing for the Muslim side, submitted that the court had directed the state to provide an open space near the Bhojshala site for prayers. However, he alleged that the land identified by the authorities is around 2 km away.
"We have already missed Friday prayers," Ahmadi said.
The solicitor general said the alternative site is approximately 900 metres away from the disputed complex.
He, however, assured the bench that he would personally examine the issue and take appropriate steps if required. "I will personally look into this and rectify it," Mehta said.
Justice Bagchi said the court's earlier order "has to be followed in letter and spirit".
The bench agreed to list the matter for hearing on Friday and directed the solicitor general to seek instructions from the state government regarding the provision of an "adjacent site" for offering namaz.
The High Court had on May 15 held that the disputed Bhojshala complex was a temple dedicated to Goddess Saraswati. This order had nullified the April 2003 ASI order that permitted Hindus to worship on Tuesdays and Muslims to offer namaz on Fridays.
The top court had earlier said it was ready to hear the appeals of the Muslim side against the HC verdict on a day-to-day basis and resolve the issue.
The Hindu community considers Bhojshala a temple dedicated to Goddess Saraswati, while the Muslim side calls the 11th-century monument the Kamal Maula Mosque. The disputed complex is protected by the Archaeological Survey of India (ASI).
The top court had clarified that the arrangement for prayer space for Muslims shall be ad hoc, subject to the final outcome of petitions.
It also directed that the Archaeological Survey of India (ASI) shall not carry out any structural changes on the site without its permission.
While admitting the petition filed by the Muslim side, the apex court had issued notice to the Madhya Pradesh government, ASI and others.
The court said it has to be very careful about every expression used.
The high court had in its order said that the Centre and the ASI can decide on the Bhojshala complex's administration and management.
Hindu parties have filed caveats in the Supreme Court, saying no orders be passed without hearing them on any appeal against the high court order in the Bhojshala complex dispute case.
