SC Allows Muslims To Offer Friday Prayers at Dargah Near Bhojshala Complex

New Delhi: The Supreme Court on Thursday permitted Muslims to offer Friday prayers on the premises of a dargah adjacent to the disputed Bhojshala complex in the Dhar district of Madhya Pradesh. The apex court directed the state government to ensure that Muslims are allowed to offer namaz at the site between 1 and 3 pm on Fridays.

A three-judge bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana, however, said that the direction did not preclude the state government and the Muslim side from exploring another site for Friday prayers with mutual consent.

On July 14, the top court had directed that a separate open space be provided adjacent to the disputed site in Dhar for namaz on Fridays between 1 and 3 pm till the case is decided.

Later, the Muslim side, led by Haji Muneer Ahmad, moved the apex court, alleging non-compliance with its directions to provide an alternative site, saying that the Dhar administration is providing the place which is 1.3 km away from the Bhojshala complex. They said that the site should be close enough from where Muslims can sight the mosque while offering prayers.

On May 15, the Madhya Pradesh High Court ruled that the disputed Bhojshala-Kamal Maula Mosque complex in the Dhar district is a temple dedicated to Goddess Saraswati. It also quashed a decades-old ASI order that had allowed the Muslim community to offer Friday prayers at the site.

After hearing arguments from senior advocate Huzefa Ahmadi, appearing for the Muslim side and additional solicitor-general K.M. Natraj, on behalf of the Madhya Pradesh government, the CJI said, "The earlier order is clarified to the extent that the Muslim community be permitted to offer namaz on Fridays between 1 and 3 pm at the land bearing khasra no. 596, which is stated to be dargah land. Copy of the site plan produced shows that it has an independent and separate access road and therefore the said site appears to be suitable. It is adjacent to the subject premises."

"This order shall not preclude either side from opting for any other site with mutual consent," the top court said.

Ahmadi said that although an application had been made to the collector for allotment of land, the authorities have identified a site that is not close to the Bhojshala complex. He said suitable Waqf plots adjacent to the Bhojshala complex are available and the state administration is denying them on the ground of law and order. He referred to four possible locations around the complex, including dargah land adjoining the premises where Muslims can be allowed to offer Friday prayers.

"You can't yield to the wrongdoer," he submitted.

The additional solicitor-general said that the government's concern is limited to maintaining law and order and that it is not seeking to enter into the competing claims of the parties. He said the government is willing to explore other acceptable sites, including private land, if necessary.