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Bhojshala complex row: SC permits Muslims to offer Friday prayers on dargah land near disputed site in Dhar

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The Supreme Court on Thursday allowed Muslims to offer Friday prayers at a dargah premises adjacent to the disputed Bhojshala complex at Dhar in Madhya Pradesh.In an interim order, a bench led by Chief Justice of India Surya Kant directed the state government to ensure that Muslims were permitted to offer namaz on Fridays at the dargah premises between 1 pm and 3 pm.The bench — which also included Justice Joymalya Bagchi and Justice V Mohana — however, clarified the direction did not preclude the Madhya Pradesh Government and the Muslim side from exploring another site for Friday prayers with mutual consent.On July 14, the Supreme Court had refused to pass an interim order restoring the status quo ante at the disputed Bhojshala complex to allow Muslims to offer namaz on Fridays alongside Hindu worship on designated days.“Let us not pass any order which can cause tension,” CJI Kant had said after the Muslim side sought restoration of status quo ante on behalf of Muslim petitioners.The refusal to order status quo ante meant that Hindus will continue to have exclusive access to the Bhojshala complex, to the exclusion of Muslims.The bench had, however, ordered allocation of separate open space for Muslims adjacent to the disputed complex for Friday prayers as an ad hoc measure. It had also directed that Archaeological Survey of India (ASI) shall not carry out any structural changes on the site without its permission.Thereafter, the Muslim side alleged they were being allotted a site 1.3 km away from the Bhojshala complex and demanded some other site much closer to the disputed site.On behalf of the Madhya Pradesh Government, Additional Solicitor General KM Natraj said, “As a state, we don’t want to get into competing rights. We are only on the law and order situation.”The bench, however, pointed out that protecting religious rights and maintaining law and order were constitutional duties of the state.The top court had on July 14 issued notice to the Centre, MP Government, Hindu Front for Justice and ASI on petitions challenging the Madhya Pradesh High Court’s verdict declaring Bhojshala complex — an 11th-century archaeological monument — a temple dedicated to Goddess Saraswati.Hindus believe the Bhojshala complex is a temple dedicated to Goddess Saraswati, while Muslims call it Kamal Maula Mosque. The complex is protected by ASI.In its May 15 verdict, the Madhya Pradesh High Court had quashed ASI’s April 7, 2003 order that allowed Muslims to offer namaz inside the Bhojshala complex every Friday. The Muslim community may approach the Madhya Pradesh Government for the allotment of separate land in the district for the construction of a mosque, it had said.Kamal Maula Mosque’s caretaker Qazi Moinuddin has challenged the May 15 order of the high court before the top court.

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