Bhojshala dispute: SC earmarks adjacent plot for Friday namaz in Dhar
Synopsis
Key Takeaways
The Supreme Court on Thursday, 30 July directed the Madhya Pradesh government to arrange Friday namaz for the Muslim community at a plot adjacent to the disputed Bhojshala-Kamal Maula Mosque complex in Dhar, clarifying its earlier interim order after the state administration allocated a site reportedly over a kilometre away from the monument.
What the Court Directed
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana identified a specific parcel — marked in yellow on a site plan placed before it — as the designated location for prayers. The bench permitted the Muslim community to offer namaz at the identified land between 1 pm and 3 pm on Fridays, directing state authorities to make all necessary arrangements.
The court also clarified that its order would not prevent the parties from mutually agreeing on any other alternative site. 'This order shall not preclude the parties to opt for another site by mutual consent,' the bench stated.
Why the Application Was Filed
The direction came on an application by the Muslim petitioners alleging non-compliance with the apex court's earlier order. Senior Advocate Huzefa Ahmadi, appearing for the Muslim side, submitted that the district Collector had allotted land nearly 1.3 km away by road from the disputed site — a location from which neither the mosque nor the dargah was visible.
Ahmadi argued that several adjacent parcels, including Waqf land, were available near the Bhojshala complex but had been rejected by the administration citing law and order concerns. He urged restoration of the earlier arrangement under which Friday namaz had been offered in the vicinity of the monument.
State Government's Stand
Appearing for the Madhya Pradesh government, Additional Solicitor General K.M. Nataraj submitted that the district administration's sole concern was maintaining law and order and that it did not wish to enter into competing claims over religious rights.
During the hearing, the bench examined the site plan and questioned the state as to why an adjacent plot with a separate access route could not be made available, given that independent ingress and egress for both communities appeared feasible.
Background of the Dispute
The dispute stems from the Madhya Pradesh High Court's judgment of 15 May, which declared the Bhojshala-Kamal Maula complex a Hindu temple and quashed an earlier administrative arrangement permitting Muslims to offer Friday prayers at the protected monument. The Muslim side has challenged that verdict before the Supreme Court, where the main proceedings on the religious character of the site remain pending.
Earlier this month, the Supreme Court had refused to stay the High Court ruling but, as an ad hoc arrangement pending adjudication, directed the state to provide a separate open space adjacent or near the protected monument for Friday namaz — explicitly stating the arrangement was without prejudice to the rights and contentions of either side. The bench had also directed that no structural alterations be carried out by the Archaeological Survey of India (ASI) at the monument without prior court permission.
The Bhojshala complex, a protected monument under the ASI, has long been contested. Hindus claim it was established as a temple dedicated to Goddess Saraswati and a centre of Sanskrit learning, while the Muslim side maintains it includes the Kamal Maula Mosque and that Friday prayers had historically been offered there under the earlier administrative arrangement.
With the main proceedings still pending before the Supreme Court, Thursday's order represents a course correction on interim arrangements — and the next hearing will be closely watched by both communities.