New Delhi, Jan 22
In a significant order passed on Thursday, the Supreme Court directed that both Basant Panchami worship and Friday namaz be permitted at the disputed Bhojshala Temple-Kamal Maula Mosque complex in Dhar district of western Madhya Pradesh.
A Bench headed by Chief Justice of India (CJI) Surya Kant was hearing an urgent plea filed by the Hindu Front for Justice (HFJ), which sought exclusive rights for Hindus to perform Saraswati Puja throughout the day on Basant Panchami, falling on Friday, January 23.
Laying down specific arrangements to enable both communities to perform their respective religious observances, the Bench, also comprising Justices Joymalya Bagchi and Justice Vipul M. Pancholi, ordered that namaz may be offered between 1 p.m. and 3 p.m. at a separately demarcated space within the premises.
The apex court further directed that special passes be issued to those offering namaz.
At the same time, a separate area has been designated for Basant Panchami worship, for which no time restrictions have been prescribed.
During the hearing, senior advocate Salman Khurshid, appearing for the mosque committee, submitted that on at least three earlier occasions -- in 2006, 2013 and 2016 -- Basant Panchami had coincided with Friday, and arrangements had been made to allow both worship and namaz.
Khurshid added that the Juma namaz takes place between 1 p.m. and 3 p.m., after which the members of the Muslim community will vacate the premises. On the other hand, counsel for the Hindu side, Vishnu Shankar Jain, argued that Basant Panchami worship traditionally continues throughout the day and therefore sought uninterrupted access for devotees from sunrise to sunset.
The CJI Kant-led Bench observed that it would be appropriate for the administration to make such arrangements that both communities are able to perform their respective religious practices.
In its order, the Supreme Court 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 HFJ plea had sought to restrain Muslims from offering Friday prayers at the site on January 23 and to allow only Hindu worship on the occasion of Basant Panchami, along with strict security arrangements by the Archaeological Survey of India (ASI) and the state government.
The Bhojshala complex, a protected monument under the ASI, has long been the subject of a dispute, with Hindus claiming it as an ancient temple dedicated to Goddess Vagdevi (Saraswati), while Muslims assert it to be the Kamal Maula Mosque. The main case concerning the religious character of the site remains pending before the Supreme Court.
