Supreme Court allows Friday namaz near Bhojshala on ad hoc basis

The Supreme Court directed that Muslims be provided a separate open space near the disputed Bhojshala site for Friday namaz on an ad hoc basis, restrained the ASI from making structural changes without permission, and said it would hear the sensitive matter expeditiously

New Delhi: The Supreme Court on Tuesday directed that Muslims be provided a separate open space adjacent to the disputed Bhojshala site for offering namaz on Fridays between 1 pm and 3 pm.

However, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana clarified that the arrangement for Muslims shall be ad hoc, subject to the final outcome of the petitions.

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The top court also directed that the Archaeological Survey of India (ASI) shall not carry out any structural changes at the site without its permission.

Asking both the Hindu and Muslim sides to have patience as the Bhojshala issue is a sensitive matter, the apex court said it was ready to hear the matter on a day-to-day basis and resolve the issue.

The top court was hearing a batch of appeals challenging a Madhya Pradesh High Court order, which said the disputed Bhojshala complex in Dhar district was a temple dedicated to Goddess Saraswati.

The court said it had to be very careful about every expression used.

“These are very sensitive matters. What is being said in court can unnecessarily create controversies or send the wrong impression. We have to be very careful about every expression used.

“This is the first time that the issue relating to the interim arrangement is coming before us. The high court’s order and the helplessness of the State in maintaining law and order are also being taken note of. Our view is that whatever arrangement is presently in place, the matter can be listed before an appropriate bench within 10 to 15 days,” the CJI observed orally.

Earlier on Monday, the bench was urged by senior advocate Huzefa Ahmadi and advocate Nizam Pasha, appearing for the Muslim appellants, that the pleas needed to be heard on an urgent basis.

The CJI had asked the counsel for the appellants to remove defects from the petitions and assured them that they would be listed for hearing before a bench soon.

On May 15, the Madhya Pradesh High Court ruled that the disputed Bhojshala-Kamal Maula Mosque complex in Dhar district is a temple dedicated to Goddess Saraswati. It simultaneously quashed a decades-old ASI order that had allowed the Muslim community to offer Friday prayers at the site.