SC allows Hindu prayers, Muslim namaz at Bhojshala on Basant Panchami

The Supreme Court on Thursday allowed Hindu prayers from sunrise to sunset on Basant Panchami at the disputed Bhojshala–Kamal Maula Mosque complex in Madhya Pradesh's Dhar district, while permitting Muslims to offer Friday namaz between 1 pm and 3 pm.

The top court also directed that a list of members of the Muslim community who will be attending the namaz be submitted to the district administration in advance to facilitate law and order arrangements.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi appealed to both communities to maintain mutual respect and cooperate with the authorities to ensure peace at the ASI-protected site.

The court said separate spaces within the premises should be earmarked for the two communities during their respective prayer timings, in line with past practices. It also permitted the district administration to issue free passes or adopt other fair measures to prevent any untoward incident.

The order came after Hindu and Muslim groups sought permission for religious activities at the Bhojshala complex on January 23, when Basant Panchami coincides with a Friday. While Hindu groups sought uninterrupted worship throughout the day, the mosque committee said the premises could be vacated after namaz.

Senior advocate Salman Khurshid, appearing for the mosque committee, said the number of people attending Friday prayers would be shared with the district magistrate. Additional Solicitor General KM Nataraj, representing the Centre and the ASI, assured the court that law and order would be maintained.

The court was hearing a plea filed by the Hindu Front for Justice seeking exclusive rights to conduct prayers on Basant Panchami. The plea was mentioned for an urgent hearing earlier this week.

Bhojshala, an 11th-century monument protected by the Archaeological Survey of India, is believed by Hindus to be a Saraswati temple, while Muslims refer to it as the Kamal Maula mosque. Under an ASI order issued in 2003, Hindus are permitted to offer prayers on Tuesdays and Muslims on Fridays.

Separately, the Supreme Court disposed of an appeal filed by the Maulana Kamaluddin Welfare Society challenging a Madhya Pradesh High Court order directing a "scientific survey" of the complex. The apex court asked the high court to hear the matter through a division bench headed by a senior judge.

Noting that the ASI has completed the survey and submitted its report in a sealed cover, the Supreme Court directed the high court to unseal the report, share it with the parties, and hear objections. Until a final decision is taken, the court ordered maintenance of status quo at the site, while continuing to follow the ASI's existing arrangements.
(With PTI inputs)