Bhojshala dispute: SC urges patience, assures early hearing

The Supreme Court on Tuesday urged both Hindu and Muslim parties to exercise patience in the long-running Bhojshala dispute, describing the issue as "very sensitive" and assuring that it would hear the matter on a day-to-day basis to arrive at an early resolution.

Hearing a batch of appeals challenging the Madhya Pradesh High Court's 15 May judgment, a Bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V. Mohan observed that every word spoken in court carried significance in such a sensitive matter.

"These are very sensitive matters. 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," the Bench observed.

The court said it was taking note of both the high court's order and the state government's submissions regarding the challenges in maintaining law and order. It indicated that the existing interim arrangement at the disputed site would continue for the time being.

"This is the first time that the issue relating to the interim arrangement is coming before us. 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 orally, adding that the court was prepared to hear the matter on a day-to-day basis.

The observations came while hearing appeals filed by the Muslim side against the Madhya Pradesh High Court's ruling declaring the disputed Bhojshala-Kamal Maula Mosque complex in Dhar district to be a temple dedicated to Goddess Saraswati.

On Monday, senior advocate Huzefa Ahmadi and advocate Nizam Pasha, appearing for the Muslim appellants, had sought an urgent hearing, arguing that the matter required immediate judicial intervention. The CJI had then directed the petitioners to cure procedural defects in their appeals and assured them that the case would be listed expeditiously.

In its 15 May judgment, the Madhya Pradesh High Court held that the Bhojshala-Kamal Maula Mosque complex is a temple dedicated to Goddess Saraswati. The court also set aside a decades-old Archaeological Survey of India (ASI) order that had permitted members of the Muslim community to offer Friday prayers at the site.

The Supreme Court is now expected to examine the legality of the high court's ruling as well as the interim arrangements governing access to the disputed monument.

With PTI inputs