New Delhi, Jan 22 (UNI) The Supreme Court of India on Thursday issued detailed directions to ensure the peaceful conduct of Basant Panchami poojas and Friday Juma Namaz at the disputed Bhoj Shala, Kamal Maula complex in Dhar district of Madhya Pradesh.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing an application filed by Hindu parties for Justice seeking permission for day-long Basant Panchami rituals on January 23.
Bhoj Shala, an 11th-century monument protected by the Archaeological Survey of India (ASI), is claimed by Hindus as a temple dedicated to Goddess Vagdevi (Saraswati), while Muslims regard it as the Kamal Maula Mosque.
Under a 2003 arrangement, Hindus are permitted to perform puja on Tuesdays, while Muslims offer namaz on Fridays.
Appearing for the applicants, advocate Vishnu Shankar Jain submitted that pujas and havans were proposed to be conducted from sunrise to sunset on Basant Panchami.
Senior advocate Salman Khurshid, representing the mosque committee, informed the court that Juma Namaz is performed between 1 and 3 pm, after which members of the Muslim community would vacate the premises.
The Additional Solicitor General KM Nataraj, along with the Advocate General of Madhya Pradesh, assured the court that law and order would be maintained.
When Jain suggested that the namaz be held after 5 pm to allow uninterrupted puja, Khurshid expressed difficulty, stating that Juma Namaz is time-specific and cannot be rescheduled.
The ASG then proposed that the mosque committee furnish the district administration with the expected number of persons attending the namaz, enabling the administration to create a separate enclosure and issue passes if necessary.
Khurshid agreed to provide the details the same day.
Recording the consensus, the bench directed that between 1 and 3 pm, an exclusive and separate area within the same compound, with separate ingress and egress, be made available for namaz offering.
A separate space was also directed to be earmarked for the Hindu community to conduct Basant Panchami ceremonies.
The court further directed the administration to take appropriate measures, including issuance of passes, to prevent any untoward incident.
The bench appealed to both communities to observe mutual respect and cooperate with the state and district administration to maintain peace and public order.
The application arose in a 2024 Special Leave Petition filed by Maulana Kamaluddin Welfare Society, Dhar, challenging an interim order of the Madhya Pradesh High Court directing the ASI to conduct a scientific survey of the Bhoj Shala, Kamal Maula complex.
In April 2024, the Supreme Court had permitted the survey to continue but restrained any physical excavation or action that could alter the character of the structure, and barred reliance on the survey outcome without prior leave of the Court.
Taking note that the ASI has completed the survey and submitted its report in a sealed cover to the High Court, the Supreme Court directed that the High Court may unseal the report, furnish copies to the parties, and allow them to file objections.
Portions of the report, if sensitive, may be inspected by the parties in the presence of their advocates.
The court disposed of the Special Leave Petition with a direction that the writ petition pending before the Madhya Pradesh High Court be taken up by a division bench headed by one of its senior-most judges and be proceeded with for final hearing in accordance with law.
