A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi was hearing an application filed by the Hindu Front for Justice, which sought permission to conduct day-long Basant Panchami rituals at the site on January 23.
The Bhojshala complex, an 11th-century monument protected by the Archaeological Survey of India (ASI), is revered by Hindus as a temple dedicated to Goddess Saraswati (Vagdevi), while Muslims regard it as the Kamal Maula Mosque. Under an arrangement in place since 2003, Hindus are permitted to offer prayers at the site on Tuesdays, while Muslims perform namaz on Fridays.
Court Balances Competing Religious Practices
During the hearing, counsel for the Hindu side submitted that pujas and havans would be conducted from sunrise to sunset on Basant Panchami. The mosque committee, however, pointed out that Juma namaz is held between 1 pm and 3 pm and cannot be rescheduled, though worshippers would vacate the premises immediately after prayers.
To accommodate both religious practices, the court accepted a proposal to demarcate separate spaces within the complex. The Bench directed that an exclusive area with separate entry and exit points be designated for namaz between 1 pm and 3 pm, while a distinct area be allotted to the Hindu community for Basant Panchami rituals.
The court further directed that the mosque committee inform the district administration in advance about the expected number of worshippers, enabling authorities to issue passes or take other measures to maintain law and order.
The Union government, the ASI, and the Madhya Pradesh government assured the court that adequate security arrangements would be made. Recording these assurances, the Bench appealed to both communities to exercise mutual respect and cooperate with the administration to ensure peace at the site.
Background of the Case
The matter arose from a Special Leave Petition filed by the Maulana Kamaluddin Welfare Society, Dhar, challenging a Madhya Pradesh High Court order directing the ASI to conduct a scientific survey of the Bhojshala–Kamal Maula complex.
In April 2024, the Supreme Court had allowed the survey to proceed but barred any physical excavation or steps that could alter the structure’s character. The court had also restrained authorities from acting on the survey findings without its prior permission.
On Thursday, the Supreme Court disposed of the petition, directing that the main writ petition pending before the High Court be heard by a division bench headed by one of its senior-most judges.
The court also noted that the ASI has completed the survey and submitted its report in a sealed cover. It directed that the High Court may unseal the report and provide copies to both parties, allowing them to file objections. If any portion of the report cannot be disclosed, the parties may be permitted to inspect it in the presence of their lawyers.
The High Court was asked to consider all objections, suggestions, and recommendations while hearing the matter finally.
.png)
The opinions posted here do not belong to 🔰www.indiansdaily.com. The author is solely responsible for the opinions.
As per the IT policy of the Central Government, insults against an individual, community, religion or country, defamatory and inflammatory remarks, obscene and vulgar language are punishable offenses. Legal action will be taken for such expressions of opinion.