Supreme Court issues directions for conduct of Friday namaz, Basant Panchami Puja at Bhojshala-Kamal Maula

The Supreme Court on Thursday issued directions to ensure the peaceful conduct of Hindu pujas to mark Basant Panchami and Muslim prayers (Friday namaz) tomorrow at the Bhojshala Temple-Kamal Maula Masjid complex in Madhya Pradesh, which is tied up in a dispute about its true religious character. .A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi urged both Hindu and Muslim parties to show mutual respect during the conduct of these events. "We appeal both sides to observe mutual respect and trust towards each other," it said. Notably, the Court also ordered the unsealing of a survey report prepared by the Archeological Society of India (ASI) on the Bhojshala, when a related case is heard next by the Madhya Pradesh High Court. .The Court passed two separate orders in the matter, one being on an application filed by Hindu parties who sought directions to restrain the conduct of Friday namaz by Muslims at the complex from sunrise to sunset, when Basant Panchami Puja is scheduled to be held. Representing the Hindu side, advocate Vishnu Jain argued that the auspicious time (muhurat) to conduct the puja is from sunrise to sunset, and suggested that the namaz could take place after that in the evening, from around 5 PM.Senior Advocate Salman Khurshid, for the Muslim side, pointed out that the namaz will only take place in the afternoon, from 1 PM to 3 PM, after which the Muslim devotees will vacate the premises. ."But the muhurat is sunrise to sunset," Jain submitted. "Don't tell us.. I know personally it is till 1 pm," Justice Bagchi replied. "If Namaz can happen after 5 pm. We have been doing Akhand Hawan, etc. for a long time," Jain urged. "Jumma namaz is specific at a time. There can be another namaz then ... But Jumma namaz is needed for only noon," Khurshid maintained. Representing the Madhya Pradesh government, Additional Solicitor General (ASG) KM Nataraj then suggested that a peaceful conduct of both events could be better ensured if information was given on the number of people who are likely to arrive."If numbers of people can be given to us.. then we can create the area inside the complex, where ingress and (exit) can be maintained ... If they give us numbers by evening for namaz, we can issue passes as well," the ASG said. "We can give a number," Khurshid replied..The Court proceeded to pass an order by recording this arrangement."Suggestion was given by ASG so that number (of people attending) can be given so that ingress and outgress of members for namaz can be done and a separate place can be identified for the Basant Panchami Puja with a separate entry. ASG and Madhya Pradesh Advocate General has assured that law and order situation shall be well maintained. We appreciate the stand taken ... Shri Khurshid states that the approximate number of persons belonging to Muslim community who will perform namaz tomorrow shall furnish their details to the district magistrate today itself, so that the DM may, with a view to ensure maintenance of law and order, issue passes for the same," the Court's order states."Please say that puja can go on entire day.. sunrise to sunset," Jain requested.The Bench assured him that the order has clarified that the traditional Basant Panchami Puja will take place, from sunrise to sunset, as already allowed by the ASI..The top court also clarified that it is not expressing any comment on the merits of the main case."Since matter is subjudice before High Court, and final opinion is awaited, we don't express any final opinion. The limited prayer that we are required to examine is the order by DG ASI," it observed. .Pertinently, the Court proceeded to pass a separate order closing an appeal tied to the main case by issuing various directions on how the Madhya Pradesh High Court may proceed with deciding on the dispute.The Court noted that the case involves questions about whether the disputed complex is the Bhojshala Saraswati Temple as claimed by the Hindu side or Kamal Maula Mosque as claimed by the Muslim side.The Indore Bench of Madhya Pradesh High Court had in March 2024 directed the ASI to conduct a survey at the site to identify the real and true character of the historical building.The High Court's verdict had come on an interlocutory application in a writ petition seeking to reclaim the Bhojshala complex for Hindus and to prohibit Muslims from offering namaaz on its premises.The decision to allow the ASI survey at the site was challenged before the Supreme Court by the Maulana Kamaluddin Welfare Society.In January 2025, the Supreme Court opined that since a bench led by then CJI Sanjiv Khanna had already passed an order for status quo in disputes concerning the religious character of existing structures, nothing further may have to be done in the present case for now. The case was then tagged with petitions concerning the validity of the Places of Worship (Special Provisions) Act, 1991.Further, the top court made it clear that no action should be taken on the outcome of the survey report and that no physical excavation, that could alter the character of the site, should be undertaken for now..Meanwhile, the ASI survey ordered in 2024 was submitted and kept in a sealed cover at the High Court.Today, Senior Advocate Khurshid suggested that this report could be de-sealed and given to the contesting parties, so that they may raise their objections to it. The Supreme Court accepted the suggestion and disposed of the appeal in the Bhojshala case by issuing the following directions:.- Survey report to be considered at the time of final hearing.- The writ petition before the Madhya Pradesh High Court shall be taken by a Division Bench headed by the Chief Justice or a senior most judge within two weeks.- The Bench shall unseal the report in open court and supply copy to both sides. If a part cannot be copied, the parties may be allowed to inspect it in presence of their counsel. Let objections be filed. Thereafter, the case be taken for final hearing.- Till the writ is finally decided, the parties shall maintain the status quo at the site.- Parties shall continue to follow and abide by an ASI order of April 2023..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.