The Supreme Court on Friday agreed to take up on July 29 the Muslim side’s plea alleging that the alternative site identified by the Madhya Pradesh Government for offering namaz was not adjacent to the disputed Bhojshala complex at Dhar.
The matter was mentioned by senior advocate Huzefa Ahmadi before a Bench led by Chief Justice of India Surya Kant as it was not shown on the cause list despite the top court’s July 22 order.
Ahmadi told the Bench that two Friday prayers had already been missed and that the site allocated by the Madhya Pradesh Government was 1.3 km away from the disputed complex.
As Solicitor General Tushar Mehta, representing the state government, insisted that the allocated site was barely 900 metres away from Bhojshala, Ahmadi said, “We don’t have helicopters... by road it is 1.3 km.” He alleged that there was an attempt not to follow the court’s orders.
“I cannot be swayed away by emotions,” Mehta replied.
The CJI posted it for hearing on Wednesday.
The Muslim side had on July 22 complained to the Supreme Court that they had not been given land for offering namaz adjacent to the Bhojshala complex at Dhar in Madhya Pradesh as directed by the court and that the land offered was two km away from the disputed site.
Ahmadi had pointed out that the top court had directed the state to provide an open space near the Bhojshala site for namaz.
Mehta had assured that he was personally looking into it and that it would be sorted out.
On July 14, the Supreme Court had refused to pass an interim order restoring the status quo ante at the disputed Bhojshala Complex to allow Muslims to offer namaz on Fridays alongside Hindu worship on designated days.
“Let us not pass any order which can cause tension,” CJI Kant had Ahmadi after he sought restoration of status quo ante on behalf of Muslim petitioners.
The refusal to order status quo ante means Hindus will continue to have exclusive access to Bhojshala Complex, to the exclusion of Muslims.
The Bench had, however, ordered allocation of separate open space for Muslims adjacent to the disputed complex for Friday prayers as an ad hoc measure. It had also directed that the Archaeological Survey of India (ASI) shall not carry out any structural changes on the site without its permission.
The top court had issued notice to the Centre, the MP Government, Hindu Front for Justice and the ASI on petitions challenging the Madhya Pradesh High Court’s verdict declaring Bhojshala complex—an 11th-century archaeological monument—a temple dedicated to Goddess Saraswati.
Hindus believe Bhojshala complex is a temple dedicated to Goddess Saraswati, while Muslims call it Kamal Maula Mosque. The complex is protected by the ASI.
In its May 15 verdict, the Madhya Pradesh High Court had quashed the ASI’s April 7, 2003 order that allowed Muslims to offer namaz inside the Bhojshala complex every Friday. The Muslim community may approach the Madhya Pradesh Government for the allotment of separate land in the district for the construction of a mosque, it had said.
Kamal Maula Mosque’s caretaker Qazi Moinuddin has challenged the May 15 order of the high court before the top court.