SC allows Basant Panchami prayers, namaz at MP's disputed Bhojshala
What's the story
The Supreme Court has ordered the peaceful conduct of Basant Panchami poojas and Juma Namaz on Friday at the disputed Bhoj Shala-Kamal Maula complex in Dhar, Madhya Pradesh. The order was passed by a bench headed by Chief Justice Surya Kant and also comprising Justices Joymalya Bagchi and Vipul Pancholi. The court was hearing an application from Hindu Front for Justice seeking permission for day-long rituals on Basant Panchami, which falls on January 23.
Religious dispute
Dispute over religious character of Bhoj Shala-Kamal Maula complex
The Bhoj Shala-Kamal Maula complex is an 11th-century monument protected by the Archaeological Survey of India. Hindus view it as a temple dedicated to Goddess Saraswati, while Muslims see it as the Kamal Maula Mosque. A 2003 agreement allows Hindus to perform puja on Tuesdays and Muslims to offer namaz on Fridays at the site.
Proposed solution
Court suggests separate areas for pooja and namaz
At the hearing on Thursday, advocate Vishnu Shankar Jain, representing the Hindu side, informed the court that pujas and havans were planned from sunrise to sunset. Senior Advocate Salman Khurshid, representing the mosque committee, said Juma Namaz would be held between 1:00pm-3:00pm and after that the Muslim members will leave. Jain asked if the namaz could be held after 5:00pm, since the puja would take place throughout the day. Khurshid expressed reluctance, stating that Juma Namaz has a set time.
ASG
Separate enclosure for Friday prayersÂ
Additional Solicitor General KM Nataraj, representing the Union and ASI, then proposed that the mosque side provide the district administration with the number of people who are anticipated to attend the namaz so that a separate enclosure can be built for them. He stated that the district administration will issue passes to those who come for Namaz. Khurshid agreed and stated that the number would be given on Thursday itself.
Court
What the SC bench saidÂ
The SC bench then passed the order. "A fair suggestion was given that in the afternoon, for namaz within 1 and 3 PM, an exclusive and separate area within the same compound...shall be made available so that Namaz can be performed. Similarly, a separate space shall be made available to the Hindu community." The bench also made an appeal to "both sides to observe mutual respect and cooperate with the state and district administration for maintenance of law and order."
Petition disposal
Supreme Court disposes of petition, directs High Court review
The bench also disposed of a Special Leave Petition filed by Maulana Kamaluddin Welfare Society against a Madhya Pradesh High Court order. The high court had directed the Archaeological Survey of India to survey the complex. In April 2024, the Supreme Court had allowed this survey but without any physical excavation. The court had also restrained any action on the survey's outcome without prior permission from them.