The Supreme Court on Tuesday directed the State to provide an open space next to the Bhojshala-Kamal Maula Mosque complex in Dhar for Muslims to offer Friday prayers, while declining a plea for the restoration of status quo ante, under which namaz was offered at the site, before it was declared a temple by the Madhya Pradesh High Court.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana stated that the open space can be used by Muslims between 1 and 3 pm on Fridays, while also clarifying that the arrangement shall be temporary and subject to the final outcome of the petitions.
The top court also directed that the Archaeological Survey of India (ASI) shall not carry out any structural changes on the site without its permission.
Hearing a batch of appeals against the Madhya Pradesh HC judgment declaring the Bhojshala-Kamal Maula Mosque complex a temple dedicated to Goddess Saraswati, the court remarked that it had to be cautious in dealing with the issue.
Asking both Hindu and Muslim sides to have patience, the apex court said it was ready to hear the matter on a day-to-day basis and resolve the issue.
"These are very sensitive matters. What is being said in court can unnecessarily create controversies or send wrong impression. We have to be very careful about every expression used.
"This is the first time that the issue relating to the interim arrangement is coming before us. The high court's order and the helplessness of the State in maintaining law and order are also being taken note of. Our view is that whatever arrangement is presently in place, the matter can be listed before an appropriate bench within 10 to 15 days," the CJI observer orally.
Earlier on Monday the bench was urged by senior advocate Huzefa Ahmadi and advocate Nizam Pasha, appearing for Muslim appellants, that the pleas needed to be heard on an urgent basis.
The CJI had asked the counsel for the appellants to remove defects from the petitions and assured them that they will be listed for hearing before a bench soon.
On May 15, the Madhya Pradesh HC ruled that the Bhojshala-Kamal Maula Mosque complex in Dhar district is a temple dedicated to Goddess Saraswati.
It simultaneously quashed a decades-old ASI order based on which the Muslim community had been offering Friday prayers at the mosque.
(With inputs from PTI)