Bhojshala dispute: SC refuses to stay HC order, allows Friday prayers near complex

The Supreme Court on Monday refused to stay a Madhya Pradesh High Court order in the Bhojshala dispute but granted interim relief to the Muslim side by directing authorities to provide a suitable open space near the complex for Friday prayers.

A bench headed by the Chief Justice of India directed that the open space be made available every Friday between 1 pm and 3 pm for offering namaz.

The top court also directed the Archaeological Survey of India (ASI) to maintain the status quo at the Bhojshala complex in Dhar, Madhya Pradesh, and ensure that no changes are made to the existing condition of the structure.

The court issued notice on petitions filed by the Muslim side and said the matter would be heard again after three weeks.

The bench said it would attempt to take up the dispute at the earliest, subject to the convenience of all parties, and seek an early resolution of the matter.

However, the court declined, for now, to accept the plea seeking a stay on the Madhya Pradesh High Court's order.

Muslim side challenges change in arrangement

Appearing for the Muslim side, senior advocate Huzefa Ahmadi argued that the arrangement prevailing before the High Court's order had been abruptly changed.

Ahmadi submitted that the Muslim parties were not given adequate opportunity to approach the Supreme Court before the new arrangement came into effect.

He argued that the High Court should have kept its order in abeyance for a limited period to allow the affected parties to seek relief from the top court.

The senior advocate also contended that the Muslim community had effectively been excluded from religious activities at the disputed site following the High Court's order.

The Supreme Court, while refusing to stay the High Court ruling, provided interim relief by directing that a suitable open space close to the Bhojshala complex be identified and made available for Friday prayers.

Under the arrangement, Muslims will be permitted to offer namaz at the designated space from 1 pm to 3 pm every Friday.

ASI told to maintain status quo

The Supreme Court also issued a specific direction to the ASI to maintain the existing condition of the Bhojshala structure.

The archaeological body has been asked not to make any changes to the building while the dispute remains under consideration.

The interim directions will remain relevant as the court examines the petitions challenging the High Court's order.

The Bhojshala dispute concerns the historic structure in Dhar and competing claims over religious rights and worship at the site.

The Supreme Court will hear the matter again after three weeks.