SUPREME COURT ALLOWS FRIDAY PRAYERS NEAR BHOJSHALA SITE

Case Overview

The Supreme Court of India permits Friday Prayers Near Bhojshala Site by granting interim relief to Muslims challenging the Madhya Pradesh High Court’s 15th May judgment declaring the disputed Bhojshala-Kamal Maula Mosque complex in Dhar as a Hindu temple. The Bench comprising Chief Justice of India Justice Surya Kant, Justice Joymalya Bagchi & Justice V. Mohan ordered that Muslims be allowed to offer Friday namaz in an open space adjacent to the disputed site between 1 PM & 3 PM without prejudice to the rights of either side. The Court also restrained the Archaeological Survey of India (ASI) from implementing any alterations to the complex without its prior approval. The matter has been referred to an appropriate Bench for further hearing of the case.

Key Aspects

The dispute concerns the religious character of the Bhojshala-Kamal Maula Mosque complex & the legality of the Madhya Pradesh High Court’s findings. The Supreme Court of India examined whether interim relief should be granted while the challenge to the judgment of the High Court remains pending.

The Madhya Pradesh High Court declared the disputed site to be Bhojshala a temple dedicated to Goddess Saraswati.

The High Court quashed the ASI’s 2003 order permitting Muslims to offer Friday prayers at the complex.

The Muslim side argued that disputed questions of fact could not be adjudicated under writ jurisdiction.

It was submitted that both communities had followed a shared worship arrangement for nearly 3 decades.

The Supreme Court of India allowed Muslims to offer Friday namaz in an adjacent open space as an interim measure.

The Court also ordered that no ASI alterations to the disputed site be implemented without its permission.

Legal Insights

The case raises constitutional & statutory issues concerning religious freedom, judicial review & preservation of the status of places of worship. The Supreme Court emphasised that the interim arrangement would not affect the final adjudication of the dispute.

Article 226 of the Constitution of India – Scope of the High Court’s writ jurisdiction & maintainability of writ petitions involving disputed facts.

Articles 25 and 26 of the Constitution – Protect the freedom to profess, practise & manage religious affairs.

Preamble to the Constitution – The principles of Secularism & Fraternity were showcased during the hearing.

Places of Worship (Special Provisions) Act, 1991 – Relied upon to argue that the religious character of places of worship should remain unchanged except for the Ayodhya dispute.

The Court reaffirmed that interim orders should preserve peace, maintain public order & protect the rights of all parties pending final determination.

Court’s Verdict

The Supreme Court of India Allows Friday Prayers Near Bhojshala Site as an ad hoc interim arrangement permitting Muslims to offer namaz every Friday in an open space adjacent to the disputed complex from 1 PM to 3 PM. The Court further ordered that the ASI shall not implement any alterations at the site without prior permission & clarified that the interim order shall remain subject to the final outcome of the appeal.

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