NEW DELHI: The Supreme Court has allowed Hindu prayers from sunrise to sunset on Basant Panchami on Friday at the disputed Bhojshala-Kamal Maula Mosque in Madhya Pradesh's Dhar district, while permitting Muslims to offer namaz from 1 pm to 3 pm on the day.
The top court on Thursday also directed that a list of persons from the Muslim community coming for namaz be given to the district administration.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, ordered the district administration to maintain law and order to ensure no untoward incident occurs.
"We appeal both sides to observe mutual respect tolerance and cooperate with local administration," said the bench.
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 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.
The temple-mosque compound, an Archaeological Survey of India (ASI)-protected 11th-century monument, is considered significant places of worship for both Hindus and Muslims.
Hindus consider Bhojshala to be a temple dedicated to Vagdevi (Goddess Saraswati), while Muslims refer to the monument as 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 top 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 top 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.
(With inputs from PTI)