- The Supreme Court agreed to hear Muslim parties' appeal on Bhojshala's status as a temple
- The court refused interim orders allowing Namaz but offered adjacent space for Friday prayers
- The Madhya Pradesh High Court had declared Bhojshala a temple and canceled 2003 ASI order
The Supreme Court on Tuesday agreed to hear the Muslim parties' appeal against Madhya Pradesh High Court's verdict declaring Bhojshala a temple.
Asking both Hindu and Muslim sides to have patience as Bhojshala is a sensitive matter, the Supreme Court said it was ready to hear the matter on a day-to-day basis and resolve the issue.
The top court, however, refused to pass interim order to permit Namaz at the site. The court has directed the Madhya Pradesh government to make available an open space, adjacent to the site, for Muslims to offer Namaz on Fridays between 1 PM and 3 PM.
The Supreme Court has also ordered that Archaeological Survey of India (ASI) should not make any structural changes without the Court's permission.
The Muslim side has challenged the May order of Madhya Pradesh High Court that had declared the disputed Bhojshala site a temple.
The Muslim side has pressed for the namaz rights at the complex.
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A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohna said it has to be very careful about every expression used.
The High Court in May this year had cancelled the 2003 ASI order which allowed Muslims to offer Friday prayers on Bhojshala premises.
In its verdict, the High Court observed that there were indications of a Sanskrit teaching centre and a temple of Goddess Saraswati in Bhojshala.
The Hindu community considers Bhojshala a temple dedicated to Vagdevi (Goddess Saraswati) and built by scholar-king Raja Bhoj, while the Muslim side maintains that the site has functioned as the Kamal Maula Mosque for centuries.
Under the 2003 ASI arrangement, Hindus and Muslims continued to pray on Tuesdays and Fridays, respectively.
The Hindu side challenged the order in the high court, seeking exclusive rights to worship at the complex.
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The high court had ordered the ASI to conduct a scientific survey of the Bhojshala Temple-Kamal Maula Mosque complex on March 11, 2024.
The ASI began the survey on March 22 that year and, after a detailed 98-day survey, submitted its report to the court.
The ASI, in its over 2,000-page report, indicated that a massive structure dating back to the reign of the Parmar kings of Dhar predated the mosque, and that the current disputed structure was built using repurposed temple components.
The Hindu side claims coins, sculptures, and inscriptions found by the ASI during its scientific survey prove the complex was originally a temple.
However, the Muslim side has argued in court that the ASI's survey report was "biased" and prepared to support the claims of the Hindu petitioners.
