NEW DELHI: Supreme Court directed separate areas for poojas and Namaz at the disputed Bhojshala-Kamal Maula site, ordered the ASI survey report to be unsealed, and allowed parties to submit objections before the High Court’s final hearing.
The Supreme Court on January 22 heard a plea concerning the disputed Bhojshala Temple-cum-Kamal Maula Mosque in Dhar, Madhya Pradesh, and issued directions to ensure peaceful observance of religious activities on the occasion of Basant Panchami. The Bench of CJI Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi emphasised the need for mutual respect and cooperation between the communities and the administration.
Bhojshala Case: Plea of the Muslim and Hindu Side
Senior Advocate Salman Khurshid, appearing for the petitioner, highlighted that Basant Panchami, which has coincided with Fridays in recent years, would be observed from sunrise to sunset with poojas and havans at the site. Counsel for the mosque stated that the Muslim community intended to perform Namaz between 1 p.m. and 3 p.m., after which the premises would be vacated. Discussions were held on whether Namaz could be shifted to after 5 p.m., but mosque counsel clarified that Juma Namaz could not be rescheduled, while other prayers could be adjusted. After considering the submissions, the Court approved a fair suggestion allowing both communities to conduct their respective religious practices without disruption. An exclusive and separate area within the compound was directed to be allocated for Namaz between 1 p.m. and 3 p.m., with distinct ingress and egress arrangements. Similarly, a designated space was to be made available for the Hindu community to carry out Basant Panchami ceremonies.
During the hearing, Additional Solicitor General KM Nataraj appeared for the State and Advocate Vishnu Shankar Jain appeared for Hindu Front for Justice.
The Court requested the petitioner to furnish the expected number of participants for Namaz to the district administration in advance to assist in maintaining law and order. Both communities were urged to cooperate with authorities and observe mutual respect. The Court noted that the administration may take any necessary steps, including issuing passes or adopting other measures, to ensure that the observance proceeds without untoward incidents.
At the core of the appeal is the question of whether the Madhya Pradesh High Court was justified in its March 11, 2024, order directing the Archaeological Survey of India (ASI) to conduct a scientific survey of the site, which is claimed by the Hindu community as the Bhojshala Temple and by the Muslim community as the Kamal Maula Mosque. The directions to the ASI required documentation by a panel of at least five senior professors, photography of the premises, and access to locked and sealed rooms to allow structural artefacts to be examined scientifically.
Supreme Court Halts Physical Excavation
The Supreme Court reiterated its earlier April 1, 2024, direction that no physical excavation should be undertaken, and no action should be taken based on the survey’s outcome until the High Court determines the matter. The Court observed that the ASI survey has now been completed, with the report presently sealed and lying before the High Court.
Senior counsel for the petitioner requested that copies of the report be supplied to the parties to enable them to submit objections, suggestions, or comments. Liberty was also to be granted to the opposing side to file their views. The Court stressed that all objections and recommendations would be considered at the final hearing by the High Court.
The Supreme Court disposed of the appeal in view of the cooperative stance of all stakeholders. It directed that the pending writ petition before the High Court be taken up by a division bench, preferably comprising one of the senior-most judges, within two weeks. The division bench was requested to unseal the survey report in open court and provide copies to both sides. For sections of the report that cannot be disclosed, parties may inspect the same in the presence of their advocates.
Thereafter, each party will have two weeks to file their objections, suggestions, opinions, or recommendations, which the High Court may consider during the final hearing. The Court’s directions aim to balance religious rights while ensuring law and order, paving the way for a peaceful celebration of Basant Panchami at the disputed site.
