Bhoj Shala-Kamal Maula Mosque Dispute : Supreme Court Passes Orders For Peaceful Conduct Of Basant Panchami Puja & Friday Namaz

The Supreme Court on Thursday issued directions to ensure that Basant Panchami poojas and Friday Juma Namaz are both held peacefully in the Bhoj Shala-Kamal Maula complex in Dhar in Madhya Pradesh, over which a dispute exists between both the communities regarding the religious character of the structure.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing an application filed by Hindu Front for Justice seeking permission to allow day-long rituals of Basant Panchami, which falls on January 23.

Bhojshala, a 11th-century monument protected by the Archaeological Survey of India, is viewed differently by Hindus and Muslims. Hindus consider it a temple dedicated to Vagdevi (Goddess Saraswati), while Muslims regard it as the Kamal Maula Mosque. As per a 2003 agreement, Hindus perform puja at the Bhojshala complex on Tuesdays, while Muslims offer namaz there on Fridays.

Advocate Vishnu Shankar Jain, for the applicants, submitted that for Basant Panjami, there will be pujas and havans from sunrise to sunset.

Senior Advocate Salman Khurshid, for the mosque committee, submitted that the Juma Namaz happens between 1PM and 3 PM, and after that, the members of the Muslim community will vacate the premises. Additional Solicitor General KM Nataraj, for the Union and the Archaeological Survey of India (ASI), as well as the Advocate General of Madhya Pradesh, assured that the law and order situation will be maintained.

Jain asked if the namaz could be held after 5 PM, since the puja will happen uninterruptedly the whole day. Khurshid expressed difficulty, saying that Juma Namaz has a specific time, which cannot be shifted.

ASG suggested that the mosque side can give the district administration the number of persons who are likely to attend the namaz, so that a separate enclosure can be made for them in the compound. The district administration will issue passes to the persons to come for Namaz. Khurshid agreed and said that the number will be given today itself.

The bench recorded as follows :

"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.

Learned senior counsel (Khurshid) for the petitioner states that the number of persons from the Muslim community coming for Namaz tomorrow between 1 to 3 p.m. will be furnished to the district administration, preferably today itself. Administration may, with a view to ensure the maintenance of law and order, issue passes for the visitors or may adopt any other fair means to ensure that no untoward incident happens."

The bench, in its order, made an appeal to "both sides to observe mutual respect and cooperate with the state and district administration for maintenance of law and order."

The application was filed in a 2024 Special Leave Petition filed by Maulana Kamaluddin Welfare Society, Dhar, challenging the Madhya Pradesh High Court's interim order directing the Archaeological Survey of India to conduct a survey at the Bhojshala Temple cum Kamal Maula Mosque complex. In April 2024, the Supreme Court had passed an interim order, allowing the survey to continue, but without any physical excavation so as to change the character of the structure. The Court had also restrained any action on the outcome of the survey without the Court's prior permission.

Today, the bench also took on board the Special Leave Petition and disposed of it with a direction that the writ petition pending in the High Court may be taken up by a division bench headed by one of the senior-most judges of the High Court.

On being informed that the ASI has completed the scientific survey and has submitted its report in a sealed cover to the High Court, the Supreme Court observed that the High Court may unseal the report and give copies to the parties, who will have the right to file objections. If there is any part of the report which cannot be opened, the parties may be permitted to inspect such part of the report in the presence of their advocates.

High Court may thereafter take up the case for final hearing and all the objections, suggestions, opinions or recommendations may be duly considered at the time of the final hearing.

Case Title: MAULANA KAMALUDDIN WELFARE SOCIETY DHAR v. HINDU FRONT FOR JUSTICE (REGD. TRUST NO. 976) AND ORS., SLP(C) No. 7023/2024