Supreme Court Allows Hindu Prayers At Disputed Bhojshala Site On Basant Panchami

The Apex Court today also directed that a list of persons from the Muslim community coming for namaz be given to the district administration.

Hindu and Muslim groups have sought nod for religious activities at the Bhojshala complex on January 23, a Friday when Saraswati Puja will also be held on the occasion of Basant Panchami.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi made an appeal to both sides to observe mutual respect and cooperate with the state and district administration for maintenance of law and order.

"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," the bench said.

It directed the district administration to make law and order arrangements at the site for offering of prayers.

Hindus consider Bhojshala, an Archaeological Survey of India (ASI)-protected 11th-century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community calls it Kamal Maula mosque.

Under an arrangement made by the ASI on April 7, 2003, Hindus perform puja on the Bhojshala premises on Tuesdays and Muslims offer 'namaz' in the complex on Fridays.

The Apex Court was hearing a plea filed by the Hindu Front for Justice seeking exclusive rights for Hindus to offer prayers on Basant Panchami.

The plea filed through advocate Vishnu Shankar Jain was mentioned for urgent hearing on Tuesday.

Jain had said that the ASI's 2003 order does not address situations where Basant Panchami coincides with Friday prayers and sought exclusive, uninterrupted worship rights for Hindus for the entire day on Basant Panchami.

During the hearing today, Jain submitted that there will be pujas and havans from sunrise to sunset and sought permission for worship throughout the day.

Senior Advocate Salman Khurshid, for the mosque committee, submitted that the Friday namaz takes place between 1 PM and 3 PM, and the premises can be vacated after that.

Additional Solicitor General KM Nataraj, for the Centre and ASI assured the court that the district administration will take care of the law and order situation.

The Apex Court also disposed of an appeal filed by the Maulana Kamaluddin Welfare Society challenging the March 11, 2024 order of the Madhya Pradesh High Court on the “scientific survey” of the complex.

The Apex Court directed the High Court that the matter may be taken up by a division bench headed by one of the senior-most judges of the High Court.

Noting that ASI has completed the scientific survey and has submitted its report in a sealed cover to the High Court, the top court directed the High Court to unseal the report and be supplied to the parties, who can file objections to it.

"If such part cannot be copied, the parties may be allowed to inspect in presence of their counsels. Let objections be filed and thereafter case be taken for final hearing.

"Till the writ is finally decided, the parties shall maintain status quo at the site. However, parties shall continue to follow and abide by ASI order of April 2023," the bench said.