The Bhojshala-Kamal Maula Mosque dispute has reached the Supreme Court, with Muslim worshippers and intervenors challenging the Madhya Pradesh High Court judgment dated May 15, 2026, which declared the religious character of the disputed structure to be that of a temple dedicated to Goddess Vagdevi (Saraswati) and discontinued the long-standing arrangement permitting Friday namaz at the site.
The Special Leave Petition (SLP), filed under Article 136 of the Constitution, assails the High Court verdict on the ground that the Court exceeded the scope of its writ jurisdiction under Article 226 by effectively adjudicating the religious character of the disputed monument despite expressly observing that questions relating to title were not being decided in the proceedings.
According to the petitioners, the High Court’s findings on the religious character of the property indirectly determine core issues relating to title, possession and worship rights, which are already pending adjudication before competent civil courts. It has been argued that such findings substantially prejudice pending civil proceedings without a full-fledged trial or evidentiary examination.
Drawn by Advocates Vaibhav Choudhary, Syed Ashhar Ali Warsi, Mayank Singh Rawat, Poorvi and Hashim Khan, the plea contends that the impugned judgment disturbs a nearly two-decade-old arrangement evolved pursuant to the Archaeological Survey of India’s order dated April 7, 2003. Under the arrangement, Hindu devotees were permitted to perform पूजा at specified timings while members of the Muslim community were allowed to offer Friday namaz at the protected monument, with the objective of maintaining communal harmony, public order and status quo at the disputed site.
One of the principal grounds raised before the apex court concerns the applicability of the Places of Worship (Special Provisions) Act, 1991. The petitioners have argued that the High Court judgment violates the statutory embargo contained under the 1991 Act, which prohibits courts from entertaining proceedings seeking alteration of the religious character of a place of worship as it existed on August 15, 1947.
The petition further alleges violation of Articles 14, 21, 25 and 26 of the Constitution, contending that centuries-old worship rights of the Muslim community have been curtailed without due adjudicatory process, evidentiary scrutiny or trial. It has been argued that the impugned judgment adversely affects constitutional guarantees relating to equality, personal liberty, freedom of religion and the right to manage religious affairs.
The petitioners have also challenged the High Court’s observation permitting the State Government to consider allotment of alternative land for construction of a mosque. According to the plea, such a direction effectively acknowledges displacement of existing Muslim worship rights and amounts to exercise of powers analogous to Article 142 of the Constitution, which are exclusively vested in the Supreme Court.
Describing the matter as one involving substantial constitutional questions concerning secularism, minority rights, judicial limits in adjudication of religious disputes and constitutional neutrality of the State, the petitioners have sought setting aside of the impugned judgment passed by the Madhya Pradesh High Court.
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