The Supreme Court on Thursday clarified its earlier interim order in the Bhojshala-Kamal Maula dispute by identifying a specific parcel of land adjoining the disputed Bhojshala complex where members of the Muslim community may offer Friday namaz between 1 pm and 3 pm.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the order while hearing an application filed by the Muslim side seeking a suitable alternate venue for Friday prayers after the Madhya Pradesh High Court declared the disputed Bhojshala premises to be a Hindu temple. The High Court’s judgment is presently under challenge before the apex court.
Earlier, the Supreme Court had declined to restore the previous arrangement permitting prayers within the disputed premises but had directed the State government to provide an alternate site in close proximity to the Bhojshala complex.
During the hearing, Senior Advocate Huzefa Ahmadi, appearing for the applicants, submitted that although the authorities had identified an alternate location, it was situated approximately 1.3 kilometres away by road and therefore did not satisfy the Court’s direction to provide a site “near” the disputed complex.
Ahmadi informed the Bench that several plots of waqf land immediately adjoining the Bhojshala complex were available for use. He pointed out that the mutawalli had filed affidavits expressing no objection to the use of those properties for Friday prayers and identified four possible sites on a map, including a parcel of dargah land adjacent to the disputed premises.
He also challenged the Collector’s refusal to allot any of the adjoining sites on the ground of possible law and order concerns. Arguing that constitutional rights could not be curtailed because of apprehensions of disruption, Ahmadi submitted that the State could not deny religious rights merely because of objections from third parties. He further pointed out that Friday prayers had earlier been held peacefully in an area adjoining the Bhojshala complex pursuant to court orders.
During the proceedings, Justice Joymalya Bagchi enquired which of the identified locations had previously been used for offering prayers. Ahmadi responded that the applicants were willing to accept any site the Court considered appropriate.
After examining the site plan, the Bench indicated that the plot marked in yellow appeared suitable as it was immediately adjacent to the disputed premises and had an independent access road. Ahmadi expressed no objection to the proposed location.
Appearing for the State of Madhya Pradesh, Additional Solicitor General K.M. Nataraj submitted that the government’s only concern was maintaining law and order and that it was willing to consider any appropriate location, including private land, if necessary.
The Bench, however, observed that while maintaining public order was undoubtedly the State’s responsibility, it must also ensure that constitutional and religious rights are protected.
Clarifying its earlier order, the Court directed that the Muslim community be permitted to offer Friday namaz between 1 pm and 3 pm on the identified dargah land adjoining the Bhojshala complex, noting that the site had a separate access road and was sufficiently close to the disputed property.
The Court further observed that its order would not prevent the parties from mutually agreeing on any other suitable location in the future and directed the State authorities to make all necessary arrangements to facilitate the offering of Friday prayers at the identified site.
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