After the Madhya Pradesh Government agreed to make arrangements for separate entry and exit for Hindus and Muslims and maintain law and order, the Supreme Court Thursday issued directions for simultaneous holding of Basant Panchami puja and namaz at the Archaeological Survey of India-protected Bhojshala Temple/Kamal Maula Mosque complex in the state’s Dhar district Friday.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi also directed the High Court to supply copies of a scientific survey of the disputed site carried out by ASI to the opposing parties.
The court allowed Friday prayers on a plea by an organisation, the Hindu Front for Justice, seeking permission for day-long rituals there on Basant Panchami, which will be observed on Friday.
Hindus could hold the rituals until about 12 pm, and then continue after 3 pm. (Express Photo by Deepika Singh)
‘A fair suggestion’
Appearing for the applicant, Advocate Vishnu Shankar Jain said while ASI has allowed puja and namaz at the site on separate days, Basant Panchami this year falls on a Friday, when Muslims have been permitted to offer namaz.
The court initially asked whether Hindus could hold the rituals until about 12 pm, and then continue after 3 pm, by which time the Muslim worshippers would have completed namaz.
Senior Advocate Salman Khurshid, appearing for the Muslim side, said only 2 hours would be necessary for the namaz. However, Jain pointed out that Basant Panchami rituals continue the whole day and wondered if the namaz can be shifted after 5 pm, but Khurshid expressed an inability to do this.
Additional Solicitor General K M Nataraj, appearing for the state, said that if the number of people attending can be provided, the administration is ready to create separate entry and exit for the two communities so that they can continue their worship simultaneously without disturbing each other.
For Muslim worshippers the space will be available from 1pm to 3 pm for namaz. (Express Photo by Deepika Singh)
Both sides agreed to the suggestion, following which the court issued the directions.
In its order, the bench said, “A fair suggestion was given that in the afternoon, for namaz within 1 and 3 pm, an exclusive and separate area within the same compound, including separate ingress and egress within the same compound, shall be made available so that namaz can be performed. Similarly, a separate space shall be made available to the Hindu community to hold traditional ceremonies on the occasion of Basant Panchami”.
“Salman Khurshid, senior counsel for the petitioner, states that the approximate number of persons belonging to the Muslim community coming for namaz tomorrow between 1 and 3 pm will be furnished to the district magistrate, preferably today itself.”
The court also directed that the “district administration may, with a view to ensuring the maintenance of law and order, issue passes for the visitors or may adopt any other fair means to ensure that no untoward incident takes place.” It also appealed to both sides to “observe mutual respect, and cooperate with the state and district administration in maintenance of law and order.”
Nataraj also said the administration will maintain law and order, as it has in the past.
Report of Bhojshala scientific survey
The Front filed an appeal before the SC on behalf of the Muslim side, challenging the March 11, 2024, order of the Madhya Pradesh High Court directing ASI to conduct a scientific survey of the disputed structure.
Hearing it on April 1, 2024, the SC, while refusing to stay the HC order, had, however, directed that no physical excavation that would alter the character of the premises should be carried out, and that no further action should be taken on the outcome of the excavation without its permission.
On Thursday, Nataraj informed the SC that the scientific survey has been completed and the report is lying in a sealed cover before the High Court. Khurshid requested that a copy of the report be shared with the parties so that they can file.
Agreeing, CJI Surya Kant asked the matter pending before the Madhya Pradesh High Court may be taken up by a division bench, “preferably headed by the Chief Justice of the High Court or the senior most judge of the High Court” within 3 weeks.
The SC also requested the division bench “to unseal the report in open court and supply copies thereof to both sides”. “If there is any part of the report which cannot be copied, the parties may be permitted to inspect such part in the presence of their expert and advocate. Thereafter, the parties may be granted 2 weeks to submit their objections/recommendations, after which the division bench may take it up for final hearing.”
The bench also directed that until the writ petition is finally decided, “the parties shall maintain status quo re alteration in the character of the Bhojshala temple cum Maulana mosque.”
The court clarified that it has not expressed any opinion on the merits of the case, and all contentions were kept open to be raised and considered by the HC.
The court allowed prayers on a plea by an organisation, the Hindu Front for Justice. (Express Photo by Deepika Singh) 
Hindus could hold the rituals until about 12 pm, and then continue after 3 pm. (Express Photo by Deepika Singh)
For Muslim worshippers the space will be available from 1pm to 3 pm for namaz. (Express Photo by Deepika Singh)
Share
