Bhojshala Dispute: SC Grants Relief to Muslim Side, Allows Friday Prayers Near Complex

Bhojshala Dispute: SC Grants Relief to Muslim Side, Allows Friday Prayers Near Complex

The Supreme Court on Thursday permitted the Muslim side to offer Friday prayers at a dargah near the disputed Bhojshala complex in Madhya Pradesh's Dhar district, directing the State government to facilitate access to the site between 1 pm and 3 pm every Friday.

A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana passed the direction while hearing a plea concerning the arrangements for offering prayers near the disputed complex.

Earlier, on July 14, the Supreme Court had directed the Madhya Pradesh government to provide the Muslim community with a separate open space near the Bhojshala complex until the dispute is finally decided. Subsequently, the Muslim side approached the Court alleging that the site identified by the State was located around 1.3 kilometres away from the complex and was too far for worshippers to have a view of the mosque while offering prayers.

During the hearing, Additional Solicitor General K.M. Natraj, appearing for the Madhya Pradesh government, submitted that the State was primarily concerned with maintaining law and order and did not wish to enter into competing religious claims.

Responding to the submission, Justice Joymalya Bagchi observed that safeguarding religious rights while maintaining public order is a constitutional obligation of the State.

"As a State, it is your duty to ensure their rights are protected," Justice Bagchi remarked.

Chief Justice Surya Kant also noted that although the State had expressed reservations regarding five proposed locations, another site situated near the Bhojshala complex was available and had a separate entry and exit, making it a suitable alternative.

Accepting the arrangement, the Court directed the State to ensure that members of the Muslim community are allowed to offer Friday prayers at the dargah near the Bhojshala complex between 1 pm and 3 pm.

The dispute over the Bhojshala-Kamal Maula Mosque complex remains pending. On May 15, the Madhya Pradesh High Court held that the disputed structure is a temple dedicated to Goddess Saraswati and set aside a decades-old order of the Archaeological Survey of India that had permitted Muslims to offer Friday prayers at the site.

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