SC declines to restore Friday namaz inside Bhojshala, permits prayers at adjacent site
&imwidth=600&imheight=450&format=webp&quality=medium "SC declines to restore Friday namaz inside Bhojshala, permits prayers at adjacent site")
Preparations underway at the Bhojshala complex following the Madhya Pradesh High Court’s order granting worship rights to Hindus on may 17. Photograph: (ANI)
The Supreme Court agreed to hear the Muslim side's appeal against the Bhojshala ruling while refusing to restore Friday namaz inside the complex and permitting prayers at a nearby open space.
The Supreme Court on Tuesday agreed to hear appeals filed by the Muslim side against the Madhya Pradesh High Court judgment declaring Bhojshala a temple dedicated to Goddess Saraswati. While refusing to allow Friday namaz inside the disputed complex, the court directed that members of the Muslim community be provided a separate open space adjacent to the site to offer prayers under an ad hoc arrangement.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices to the Madhya Pradesh government, the Archaeological Survey of India (ASI) and the Hindu parties, seeking their responses. The matter has been listed for hearing in two to three weeks.
The Supreme Court declined to stay the High Court judgment or revive the 2003 ASI arrangement that governed worship at the disputed site. Instead, it issued an interim order permitting members of the Muslim community to offer Friday namaz at a separate open space next to the disputed premises.
"Meanwhile, as an interim measure and without prejudice to the rights of both sides... a separate open space adjacent to the subject premises may be provided to the appellant and other members of the Muslim community for offering Namaz on Friday between 1-3 pm. The arrangement shall be ad hoc in nature. And subject to final adjudication of the appeal," the Court said.
The bench also directed that the ASI should not undertake any structural changes at the disputed Bhojshala Temple-Kamal Maula Mosque Complex in Dhar, Madhya Pradesh, without prior permission from the Supreme Court.
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"Structural alteration to the Complex as proposed by ASI, it will not be done without the leave (permission) of this Court", it added.
The court asked both the Hindu and Muslim sides to exercise patience, saying Bhojshala is a sensitive matter. It also said it was ready to hear the case on a day-to-day basis to resolve the dispute.
The appeals challenge the May 15 judgment of the Indore Bench of the Madhya Pradesh High Court, which ruled that the religious character of the disputed monument is that of Bhojshala, a temple dedicated to Goddess Saraswati.
The High Court had set aside the 2003 ASI arrangement to the extent that it restricted the rights of Hindus to worship inside the Bhojshala complex while allowing Friday prayers by the Muslim community. It also directed the Union government and the ASI to take decisions on the administration and management of the temple, while the ASI would continue to oversee the preservation and regulation of the protected monument.
The High Court further observed that the Union government may consider representations seeking the return of the idol of Goddess Saraswati, which is currently housed in a London museum, and its reinstallation at the Bhojshala complex. It also said that if the Muslim community seeks suitable land in Dhar district to construct a mosque or place of prayer, the state government may consider the request in accordance with the law.
