NEW DELHI: The Supreme Court on Thursday permitted Muslims to offer Friday prayers at the premises of a dargah adjacent to the disputed Bhojshala complex at Dhar in Madhya Pradesh.
The top 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 bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana, however, said that the instant direction does not preclude the state government and the Muslim side from exploring another site for Friday prayers with mutual consent.
On July 14, the bench 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 top court alleging non-compliance with its directions to provide an alternative site, saying that the Dhar administration was providing the place which was 1.3 km away from the disputed Bhojshala complex.
They said that the site should be close enough from where Muslims can sight the mosque while offering prayers. After hearing arguments from senior advocate Huzefa Ahmadi, appearing for the Muslim side, and Additional Solicitor General K M Natraj, on behalf of the state government, clarified its earlier order of July 14.
"The earlier order is clarified to the extent that the Muslim community be permitted to offer namaz on Fridays between 1-3 pm at the land being 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," the CJI said in the order.
"This order shall not preclude both sides to opt for any other site with mutual consent," the bench added.
During the hearing, Ahmadi said that although an application had been made to the Collector for allotment of land, the authorities had identified a site that was not sufficiently close to the Bhojshala complex.
He said the allotted site was around 1.3 km away by road and around 900 m away in terms of radius.
He said suitable Waqf plots adjacent to the Bhojshala complex were available and the state administration was 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 was limited to maintaining law and order and that it was not seeking to enter into the competing claims of the parties.
He said the government was willing to explore other acceptable sites, including private land, if necessary.
On May 15, the Madhya Pradesh High Court ruled that the disputed Bhojshala-Kamal Maula Mosque complex in Dhar district is a temple dedicated to Goddess Saraswati.
It simultaneously quashed a decades-old ASI order that had allowed the Muslim community to offer Friday prayers at the site.
The high court had also said that the Centre and the ASI can decide on the Bhojshala complex's administration and management.