Supreme Court’s Interim Order on Namaz Near Bhojshala-Kamal Maula Complex
On Thursday, the Supreme Court of India clarified its interim order regarding the offering of Friday prayers, or namaz, near the contentious Bhojshala-Kamal Maula complex. The Bench, composed of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, identified a closer site for the prayers as an interim measure.
Background of the Dispute
The Bhojshala-Kamal Maula complex in Dhar, Madhya Pradesh, is at the center of a religious dispute. Hindus claim it as an ancient temple dedicated to Goddess Saraswati, while Muslims recognize it as the Kamal Maula Mosque. A decision by the Madhya Pradesh High Court on May 15 favored the Hindu community, declaring the site’s religious character as a temple. This ruling overturned a 2003 Archaeological Survey of India (ASI) order that permitted Muslims to pray there. The High Court suggested that Muslims could seek alternative land for mosque construction from the State.
Supreme Court Intervention
Members of the Muslim community challenged the High Court verdict before the Supreme Court, arguing it disrupted a longstanding arrangement where both communities worshipped on different days. On July 14, the Supreme Court issued an interim relief, directing the State to provide Muslims an open space near the disputed site for Friday prayers between 1 PM and 3 PM.
However, the Muslim side contended that the allocated site was approximately 1.3 kilometers away from the complex, contrary to the Court’s order. Senior Advocate Huzefa Ahmadi, representing the Muslim community, highlighted that the authorities cited potential law and order issues as reasons for not considering closer sites.
Supreme Court’s Latest Directive
Responding to these concerns, CJI Kant and the Bench permitted the Muslim community to offer prayers at a newly identified plot, Khasra number 596, which is closer to the complex. The Court also allowed for the possibility of relocating the prayers to an alternate site if both parties agree.
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Justice Bagchi emphasized the State’s constitutional duty to uphold religious rights while maintaining law and order. Additional Solicitor General KM Nataraj reiterated the government’s position, focusing solely on law and order concerns.
Going forward, the Court instructed authorities to facilitate namaz at the designated site and left open the option for relocating the prayers to a mutually agreed location in the future.
The Supreme Court will continue to hear the appeals concerning the Bhojshala-Kamal Maula complex while ensuring that the interim order is implemented effectively.
