The Supreme Court on Wednesday agreed to hear on Friday a plea alleging non-compliance with its interim order permitting Muslims to offer Friday prayers near the disputed Bhojshala-Kamal Maula complex.
A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing an interlocutory application moved by the Muslim side alleging non-compliance with the Court's July 14 order.
During hearing, Senior Advocate Huzefa Ahmadi submitted that the land was to be granted near the disputed Bhojshala site; however, the site allotted was around two kilometres away.
Taking note of the submissions, Justice Bagchi observed,"The order has to be followed in letter and spirit."The dispute concerns the Bhojshala-Kamal Maula complex in Dhar, Madhya Pradesh, which is claimed by Hindus as an ancient temple dedicated to Goddess Saraswati and by Muslims as the Kamal Maula Mosque.
On May 15, the Madhya Pradesh High Court declared that the religious character of the disputed area is that of a temple. It quashed a 2003 Archaeological Survey of India (ASI) order permitting Muslims to offer namaz at the site and observed that the Muslim community could seek alternative land from the State for construction of a mosque.
Subsequently, the High Court's verdict was challenged before the Supreme Court by members of the Muslim community. They argued that the High Court decided disputed questions of fact in writ proceedings and had disturbed a decades-old arrangement under which Hindus and Muslims worshipped at the site on different days.
On July 14, the Supreme Court granted interim relief by directing the State to provide Muslims with an open space adjacent to or near the disputed site for offering Friday prayers between 1 pm and 3 pm, without prejudice to the rights of either side. The Court also ordered that any alterations to the complex pursuant to the High Court's judgment should not be implemented without its permission, pending adjudication of the appeals.
Today, Ahmadi, appearing for the Muslim petitioner, submitted that the State had failed to provide land adjacent to or near the disputed site as directed by the Court.Ahmadi while requesting that the application be listed urgently, told the Court,"The order was that land should be near the Bhojshala site. The land given for Friday prayer is 2 km away. We have missed one friday prayer already,"
Solicitor General Tushar Mehta assured the Court that the issue would be addressed."I will personally look into this and rectify," he said.When Ahmadi sought listing of the application on Thursday, CJI Kant responded,"We will list on Friday (July 24)."
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