The Supreme Court has allowed Hindus to offer prayers from sunrise to sunset at the disputed Bhojshala in Dhar on the occasion of Basant Panchami. The Supreme Court has also allowed the Muslim community to offer prayers on Friday from 1 PM to 3 PM. During the hearing, the Supreme Court said, "We appeal to both sides to maintain mutual respect and cooperation." The Supreme Court directed the state and district administration to maintain law and order.
What did the Supreme Court say, and what happened during the hearing?
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi said that the district administration should be informed of the number of people from the Muslim community who will be coming for prayers between 1 PM and 3 PM tomorrow. The bench said that this number should be communicated to the district administration today itself. The administration can issue passes for those visiting Bhojshala or adopt any other appropriate method to maintain law and order and prevent any untoward incident.
The bench said in its order, "A specific and separate place within the same premises should be provided for prayers between 1 PM and 3 PM, with a separate entry and exit, so that prayers can be offered. Similarly, a separate place should be provided to the Hindu side within the premises so that they can perform their traditional rituals on Basant Panchami."
The bench said, "The issue arising in the appeal is whether the Madhya Pradesh High Court was right in its order dated March 11, 2024, in directing the ASI to conduct an investigation and survey of the historical monument site using the latest methods."
The directions given to the ASI are for ascertaining the true and correct identity of the place.
The expert committee of at least 5 senior-most professors of the ASI was directed to submit a report, including photography of the entire survey area, and was directed to open the closed and sealed rooms so that the artifacts, structures, etc., found in the sealed rooms could also be scientifically examined by the expert team. This court had directed on April 1, 2024, that no action should be taken on the survey results and no excavation should be carried out that would alter the nature of the site.
It has been initially stated that the scientific survey has been completed as per the High Court's directions, and the report is currently before the High Court in a sealed envelope.
The senior counsel for the petitioner submitted that a copy of the survey report be provided to the parties and thereafter, the petitioner be permitted to submit any objections, if any.
The other party may also be given this liberty. These objections can be considered by the High Court at the time of the final hearing.
The Supreme Court stated that the writ petition pending before the High Court should be heard by a Division Bench of one of the senior-most judges of the Court, preferably within two weeks.
The Bench is requested to open the report in open court and provide copies to both parties. If there is any part of the report that cannot be disclosed, the parties may be permitted to inspect that part of the report in the presence of their lawyers.
Thereafter, the parties will be given two weeks to file their respective objections, suggestions, opinions, or recommendations.
Thereafter, the High Court may proceed with the final hearing of the matter, and all objections, suggestions, opinions, or recommendations can be duly considered at the time of the final hearing.
Why did the dispute reach the Supreme Court?
The Hindu side filed a petition in the Supreme Court on January 20, demanding that continuous Saraswati Puja be allowed at the Dhar Bhojshala for the entire day of Basant Panchami. Basant Panchami falls on a Friday this year, and on Fridays, members of the Muslim community offer Friday prayers at the Dhar Bhojshala. This is why the matter reached the Supreme Court. A three-judge bench of the Supreme Court heard the petition filed by the Hindu Front for Justice. Senior advocates Vishnu Shankar Jain and Harishankar Jain presented arguments on behalf of the Hindu Front for Justice. Senior advocate Salman Khurshid represented the Baba Kamal Maulana Welfare Society.
What is the dispute? In Dhar, Madhya Pradesh, there is an ASI-protected monument. The Hindu community considers it a temple dedicated to Goddess Saraswati.
However, there is also a mosque of Maulana Kamaluddin on the premises, leading the Muslim community to also claim ownership of the monument.
In the 18th century, the British government conducted excavations at the site, during which a statue of Goddess Saraswati was discovered. The British took this statue to London, where it remains to this day in the London Museum.
Efforts are underway to bring the statue of Goddess Saraswati back to India. Both communities claim the monument as their own.
Therefore, according to an order issued by the ASI, Hindus are allowed to perform puja (worship) in the Bhojshala complex every Tuesday, and Muslims are allowed to offer prayers (Namaz) there every Friday.
This year, Basant Panchami falls on a Friday. Consequently, the Hindu community has approached the Supreme Court, demanding permission to perform Saraswati Puja throughout the day.
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