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SC denies restoration of status quo at Bhojshala, allocates separate space to Muslims for Friday prayers

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The Supreme Court on Tuesday refused to pass an interim order restoring the status quo ante at the disputed Bhojshala Complex in the Dhar district of Madhya Pradesh to allow Muslims to offer namaz on Fridays alongside Hindu worship on designated days.“Let us not pass any order that can cause tension,” a three-judge bench led by Chief Justice of India Surya Kant told senior advocates AM Singhvi, Huzefa Ahmadi and Meenakshi Arora after they sought restoration of status quo ante on behalf of Muslim petitioners.The refusal to order status quo ante means Hindus will continue to have exclusive access to Bhojshala Complex.The bench — which also included Justice Joymalya Bagchi and Justice V Mohana — however, ordered allocation of separate open space for Muslims adjacent to the disputed complex for Friday prayers as an ad hoc measure.The top court directed that the Archaeological Survey of India (ASI) shall not carry out any structural changes on the site without its permission.It also issued notice to the Centre, the 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.“Fraternity and secularism cross-fertilise each other… Something which has been continuing for years must be allowed to continue,” Singhvi argued.“A status quo which existed for about 800 years was disturbed… Now we are totally ousted,” Ahmadi submitted.However, Solicitor General Tushar Mehta and senior advocate Guru Krishnakumar, representing the State of Madhya Pradesh and Hindu parties, respectively, opposed the demand for restoration of status quo ante at the disputed complex.“Once you come after two months and seek status quo ante, administrative problems will arise,” Mehta submitted.As the CJI asked the state government about the high court’s direction to consider allocating an alternate place for Muslim worship if they make a demand for it, Mehta said, “The government is open to it.”Asking both Hindu and Muslim sides to have patience, the bench said it was ready to hear the matter on a day-to-day basis and posted it for hearing after three weeks.Terming it a “very sensitive issue”, the CJI said, “What is being said in court can unnecessarily create controversies or send a wrong impression. We have to be very careful about every expression used.“This is the first time that the issue relating to the interim arrangement is coming before us. The high court’s order and the helplessness of the state in maintaining law and order are also being taken note of. Our view is that whatever arrangement is presently in place, the matter can be listed before an appropriate bench within 10 to 15 days,” the CJI said during the hearing.Hindus believe 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 high court had quashed ASI’s April 7, 2003 order that allowed Muslims to offer namaz inside 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.In its much-awaited verdict in the Bhojshala Temple-Kamal Maula Mosque dispute, the high court had said that there were indications of a Sanskrit teaching centre and a temple of Goddess Saraswati existing in Bhojshala.It had referred to the principles laid down in the Supreme Court’s judgment in the Ayodhya Ram Janmabhoomi-Babri Masjid dispute.Acting on a petition filed by ‘Hindu Front for Justice’, the high court had on March 11, 2024 ordered ASI to conduct a scientific survey of the complex. ASI began the survey on March 22 and after a 98-day survey, submitted its report to the high court on July 15, 2024.The ASI report had concluded that the existing structure of a mosque in the Bhojshala Complex at Dhar in Madhya Pradesh was made from parts of an earlier temple that can be dated to the Paramara period –almost 1,000 years ago.“Based on scientific investigations, survey and archaeological excavations conducted, study and analysis of retrieved finds, study of architectural remains, sculptures, and inscriptions, art and sculptures, it can be said that the existing structure was made from the parts of earlier temples,” ASI had said in its 10-volumn report that alluded to predominantly Hindu character of the structure.“Total 94 sculptures, sculptural fragments, and architectural members with sculptural depictions were noticed during the investigation. They are made of basalt, marble, schists, soft stone, sand stone, and limestone, ASI had said.“Sculptures of four-armed deities were carved on windows, pillars and beams were used in the existing structures. Images carved on these included Ganesh, Brahma with his consorts, Narsimha, Bhairava, Gods and Goddesses, human and animal figures. Images of animals in different mediums include – lion, elephant, horse, dog, monkey, snake, tortoise, swan and bird. Mythical and composite figures include a variety of kirtimukhas – human face, lion face, composite face; Vyala of different shapes, etc,” ASI had stated.“Based on existing inscriptions in the complex, it can be said that these inscriptions contained literary works composed by some of the Parmara kings or works composed or copied during the Paramara rule,” it had stated.

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