Supreme Court allots site closer to Bhojshala-Kamal Maula complex for namaz as interim measure

The Supreme Court on Thursday clarified its earlier interim order permitting Muslims to offer Friday prayers/ namaz near the disputed Bhojshala-Kamal Maula complex.

A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana today specified a plot closer to the the disputed structure where namaz can be held.

The Court passed the order after the Muslim side moved an application alleging that the Court's July 14 interim order had not be followed properly.

The Muslim side argued that the site allocated by the government was not near the complex, being about 1.3 kilometres away.

Today, the Court noted submissions by the Muslim side that there were several more suitable sites where the prayers could be offered, which were nearer to the complex.

The Court proceeded to permit the Muslim side to offer their prayers at one such identified site at Khasra number 596.

The Court added that if the parties to the dispute arrive at a more suitable site later, the prayers can be shifted to those premises.

"We have left open the possibility of an alternate site to be given in case both parties agree to it," said CJI Kant.

The matter concerns the Bhojshala-Kamal Maula complex in Dhar, Madhya Pradesh, which is claimed by Hindus as an ancient temple dedicated to Goddess Saraswati and by Muslims as the Kamal Maula Mosque.

On May 15, the Madhya Pradesh High Court ruled in favour of Hindus and declared that the religious character of the disputed area is that of a temple. It quashed a 2003 Archaeological Survey of India (ASI) order permitting Muslims to offer namaz at the site. The High Court observed that the Muslim community could seek alternative land from the State for construction of a mosque.

The High Court's verdict was challenged before the Supreme Court by members of the Muslim community, who contended that the ruling erroneously disturbed a decades-old arrangement under which Hindus and Muslims worshipped at the site on different days.

On July 14, the Supreme Court granted interim relief by directing the State to provide Muslims with an open space adjacent to or near the disputed site for offering Friday prayers between 1 pm and 3 pm, without prejudice to the rights of either side.

The Court also ordered that any alterations to the complex pursuant to the High Court's judgment should not be implemented without its permission, pending adjudication of the appeals.

The Muslim side, however, moved the Court contending that this interim order was not complied with in its true spirit, as the land given for Friday prayers was far away from the disputed site.

Representing the Muslim side, Senior Advocate Huzefa Ahmadi today submitted that the authorities had refused to consider nearer sites by citing law and order issues linked to the movement of crowds.

"They say the adjacent land to bhojshala cannot be used by us because ingress and outgress is same and would lead to law and order situation. I am being told we cannot use a duly designated Waqf land. Same case with two other lands with same reasons of ingress and outgress.... Can this court yield to mere threats of law and order situation?" Ahmadi asked.

"As a State, we don't want to get into competing rights. We are only on law and order situation," said Additional Solicitor General KM Nataraj.

"To protect religious rights and maintain law and order is a constitutional duty of the State," replied Justice Bagchi.

"Offer them land with Khasra number 596. They can take any. If any problem you can approach us," CJI Kant suggested.

The Court proceeded to direct that the authorities permit Muslims to offer their prayers at this identified plot, adding that the prayers can also be shifted to a more suitable location if such an area is identified by both sides to the dispute.

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