The Supreme Court on Tuesday granted limited interim relief Muslims who have challenged the Madhya Pradesh High Court's May 15 verdict declaring the Bhojshala-Kamal Maula Mosque complex in Dhar as a Hindu temple.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said that Muslims will be allowed to offer prayers at an area near the disputed site on Fridays between 1 and 3 PM."As an interim measure and without prejudice to the rights of both sides.. it is directed that separate open space adjacent /near to the site is provided to the appellants (muslims) for offering namaz on Fridays between 1 to 3 pm. List the case before a Bench assigned by CJI. The arrangment shall be ad hoc in nature subject to final outcome," the Court ordered.
Pertinently, the Bench also said that any alterations made to the complex by the Archaeological Survey of India (ASI) pursuant to the High Court's May 15 verdict must not be given effect without the Court's permission.
The matter concerns the High Court's May 15 ruling regarding the religious character of the Bhojshala complex. The verdict was passed on a batch of petitions that sought to reclaim the Bhojshala complex for Hindus and to prohibit Muslims from offering namaaz in its premises.On May 15, the High Court held that the religious character of the disputed area within the complex, which also housed the Kamal Maula Mosque, was Bhojshala with a temple of Goddess Saraswati.
In light of the same, the High Court quashed an order passed by the ASI in 2003 by which Muslims had been granted permission to hold prayers at the site. Muslims may apply to the State for an alternative site for the construction of a mosque, the High Court said.
The High Court reasoned that historical literature and archaeological references established the site as a centre of Sanskrit learning with the existence of a temple dedicated to Goddess Saraswati.One Qazi Moinuddin has now approached the top court against this High Court's verdict.
Senior Advocate Huzefa Ahmadi, representing Moinuddin, today and told the Supreme Court that the High Court had erred in giving a verdict that overlooked highly disputed questions of fact, without even properly examining ASI officials.He questioned how the High Court could have "suddenly" overturned long-standing permissions given for Muslims to offer prayers on some days of the week, when the site was not being used for Hindu prayers.
CJI Kant, in turn, observed that these are very sensitive matters and that the Court would have to be careful on what it says. Solicitor General Tushar Mehta urged the Court not to disturb the arrangement put in place pursuant to the High Court order.
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