Bhojshala temple dispute: Supreme Court allows Friday namaz near site
Bhojshala temple dispute: Supreme Court allows Friday namaz near site
M.U.H
14/07/202615
The Supreme Court on Tuesday refused to pause the Madhya Pradesh High Court's verdict declaring the Bhojshala-Kamal Maula mosque complex in Dhar as a temple, but allowed Muslims to offer Friday prayers near the disputed site. A three-judge bench, led by Chief Justice of India (CJI) Surya Kant, allowed Muslims to offer prayers near the site on Fridays between 1 and 3 pm as an interim measure.
"These are sensitive matters. Let us not pass any order which can cause tension or affect the law and order situation," the CJI said, while refusing to pass any interim verdict. The bench said the matter would be fixed for final hearing in three weeks.
In the meantime, the Supreme Court also directed that the Archaeological Survey of India (ASI) should not make any structural changes to the monument without obtaining the court's prior permission.
WHAT IS THE BHOJSHALA TEMPLE DISPUTE?
The dispute over the Bhojshala-Kamal Maula complex is decades old. Hindus have maintained that it was a temple dedicated to Goddess Saraswati. The Muslims claim it to be the Kamal Maula mosque.
On May 15, the Madhya Pradesh High Court, based on an ASI report, accepted the claim that the site was a temple. It also cancelled a 2003 ASI circular that allowed both Hindus and Muslims to worship at the site on different days.
In its order, the court said literature and archaeological references established the site as a centre of Sanskrit learning with the existence of a temple.
The High Court, however, allowed the Muslim community to seek the allotment of an alternate place in Dhar district for the construction of a mosque. The verdict was later challenged before the Supreme Court.
WHAT HAPPENED DURING HEARING TODAY?
On Tuesday, senior advocate Huzefa Ahmadi, appearing for the Muslim side, said the High Court overlooked several disputed findings and also did not properly examine ASI officials. He argued that a status quo that was in place for 800 years was disturbed.
Senior advocate Abhishek Singhvi said if every such claim is given merit, "nothing would be left"
"India is a country which has layers of history. As Mahatma Gandhi said, an eye for an eye would make the whole world blind. This is a much larger issue," Singhvi said.
To this, the Chief Justice said the court would have to be careful about what it says as it was a sensitive matter.
"As an interim measure and without prejudice to the rights of both sides... it is directed that separate space adjacent or near to the site is provided to the Muslims... The arrangement shall be ad hoc in nature subject to final outcome," the court said.
