The Supreme Court on Tuesday declined interim relief to restore Friday namaz at Bhojshala complex in Madhya Pradesh but agreed to hear the Muslim parties’ appeal against the High Court verdict declaring the site a temple.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohan said the matter was highly sensitive and urged both Hindu and Muslim parties to exercise patience. The court said it was prepared to hear the case on a day-to-day basis to ensure an early resolution. However, the apex court declined to pass an interim order allowing Friday prayers inside the Bhojshala complex.
Instead, it directed the Madhya Pradesh government to make an open space adjacent to the disputed site available for Muslims to offer Friday namaz between 1 pm and 3 pm.
The court also ordered that the Archaeological Survey of India (ASI) should not undertake any structural changes at the site without obtaining prior permission from the Supreme Court.
The Muslim parties have challenged the Madhya Pradesh High Court’s May judgment, which declared Bhojshala a temple and set aside a 2003 ASI arrangement that had permitted Muslims to offer Friday prayers at the complex.
During the hearing, the Bench observed that it had to be cautious while dealing with every aspect of the dispute because of its sensitive nature.
The Bhojshala-Kamal Maula complex in Dhar has long been the subject of competing claims.
The Hindu side maintains that Bhojshala is an ancient temple dedicated to Goddess Saraswati (Vagdevi), built during the reign of King Raja Bhoj. The Muslim side, meanwhile, argues that the site has functioned as the Kamal Maula Mosque for centuries.
Under a 2003 ASI arrangement, Hindus were allowed to worship on Tuesdays, while Muslims were permitted to offer namaz on Fridays.
The arrangement was challenged by Hindu petitioners, who sought exclusive worship rights at the site.
In March 2024, the Madhya Pradesh High Court directed the ASI to conduct a scientific survey of the Bhojshala-Kamal Maula Mosque complex.
Following a 98-day survey, the ASI submitted a report exceeding 2,000 pages. According to the report, a large structure dating back to the Parmar dynasty existed before the mosque, and the present structure incorporated reused temple components.
The Hindu petitioners have relied on the ASI’s findings, including coins, sculptures and inscriptions, to argue that the site was originally a temple.
The Muslim parties, however, have questioned the report’s credibility, alleging it was biased and prepared to support the Hindu side’s claims.
The Supreme Court will now hear the appeal against the High Court’s judgment while maintaining the status quo regarding worship arrangements at the disputed site.