SC refuses to restore namaz at Bhojshala
What's the story
The Supreme Court has agreed to hear appeals from Muslim parties challenging a Madhya Pradesh High Court order that declared the Bhojshala-Kamal Maula complex site in Dhar a temple. The High Court had also banned namaz at this site. On Tuesday, the SC bench, Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana refused to grant an interim order restoring the status quo ante, under which Muslims were allowed to offer namaz on Fridays alongside Hindu worship.
Temporary solution
SC's directions regarding Muslim prayers
The Supreme Court, however, directed the state government to provide a temporary open space near the Bhojshala-Kamal Maula complex for Muslims to offer Friday prayers from 1:00pm to 3:00pm.
"The arrangement shall be ad hoc in nature subject to final outcome," the court said.
The court also ordered that no structural changes be made by the Archaeological Survey of India (ASI) without its permission.
Legal arguments
Muslim parties argue for status quo restoration
Representing the Muslim parties, senior Advocate Huzefa Ahmadi today argued that a status quo existing for around 800 years was disrupted by the High Court's order.
He contended that an arrangement since 2003 allowed both Hindu and Muslim worship on designated days and should be restored temporarily.
Without going into whether a temple existed or not, senior Advocate Abhishek Manu Singhvi, also for the petitioners, highlighted the site's history of communal harmony, citing evidence of namaz performance for 700 years.
Government stance
Concerns over administrative challenges in restoring status quo
Solicitor General Tushar Mehta, representing the Madhya Pradesh government, expressed concerns over restoring the status quo ante after two months since the High Court's verdict. He said administrative problems could arise from such a move.
After hearing both sides, the CJI refused to pass any interim order.
"Let us not pass any order which can create tension," the CJI said.
The bench indicated that it will list the matter for a final hearing after three weeks.
Next steps
High court order
The Madhya Pradesh High Court had declared the Bhojshala-Kamal Maula mosque complex a temple on May 15 on a series of petitions that sought to reclaim the complex for Hindus while prohibiting Muslims from offering namaaz on its premises.
The court stressed that its religious character is that of a temple dedicated to Goddess Saraswati, quashing an order passed by the ASI in 2003 that granted Muslims permission to hold prayers at the site.