New Delhi [India], July 29 : The Supreme Court on Wednesday heard an urgent mention by the Muslim side in the Bhojshala-Kamal Maula Mosque dispute, alleging that the alternate site earmarked for offering namaz pursuant to the apex court's directions is located far from the disputed site.
During the hearing, a bench headed by Chief Justice of India Surya Kant asked Solicitor General Tushar Mehta why the details of the proposed alternate site had not been shared with senior advocate Huzefa Ahmadi.
"Why don't you give the alternate site details to Mr Ahmadi?" the CJI asked.
Appearing for the Muslim petitioners, senior advocate Huzefa Ahmadi told the bench its earlier directions were not being complied with.
He said the site identified by the administration was about 1.3 km away from the Bhojshala complex and that the Collector had passed an order stating that only that location would be allotted.
Responding to the submissions, Solicitor General Mehta said discussions had taken place again and that another alternate site had been identified.
Ahmadi, however, objected, contending that the newly proposed site was even farther away and formed part of a brewery area.
He submitted that there was a Dargah near the Bhojshala and open land in front of it that could instead be allotted for Friday prayers.
He further argued that members of one community should not be "bullied" by another.
The bench will hear the case on Thursday.
Earlier, the apex court issued notice to the Madhya Pradesh government, the Hindu parties and the Archaeological Survey of India (ASI) on a batch of appeals filed by the Muslim side challenging the Madhya Pradesh High Court verdict, which held the disputed 11th-century Bhojshala-Kamal Maula complex in Dhar district as a temple dedicated to Goddess Saraswati.
While declining to stay the High Court judgment or restore the 2003 ASI arrangement governing worship at the site, the apex court passed an interim arrangement to facilitate Friday prayers for the Muslim community.
It had said that it will examine the case and in the meanwhile, as an interim measure, a separate open space adjacent to the complex may be provided to the Muslim community for offering namaz on Friday between 1-3 pm.
The top court further directed that the ASI shall not undertake any structural alterations at the disputed complex without its permission.
A batch of appeals were filed by the Muslim side challenging the Madhya Pradesh High Court verdict, which held the disputed Bhojshala complex in Dhar district as a temple dedicated to Goddess Saraswati.
Qazi Moinuddin, the mosque's caretaker and one of the intervenors in the case, and others have filed an appeal against the High Court order in the top court.
The High Court on May 15 had ruled that the disputed Bhojshala-Kamal Maula Mosque complex is a temple dedicated to Goddess Saraswati and also set aside an April 7, 2003 Archaeological Survey of India (ASI) order that had allowed the Muslim community to offer Friday prayers at the site.
The High Court had allowed the Muslim community to approach the State government for an allotment of separate land in the district for the construction of a mosque.
It had also said that the Centre and the ASI could decide the administration and management of the Bhojshala complex, a 11th-century protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The High Court held that the religious character of the disputed complex was that of Bhojshala, a temple associated with Goddess Vagdevi Saraswati and linked to Parmar ruler Raja Bhoj, who is credited with turning Dhar into a centre of Sanskrit learning.
The site is claimed by the Hindu community as Bhojshala, a temple dedicated to Goddess Saraswati, while the Muslim side identifies it as the Kamal Maula Mosque.
After the order of the High Court, Muslim parties in the case approached the top court challenging the order. Anticipating a challenge to the verdict, Hindu parties have also filed caveats in the apex court, seeking that no order be passed on any appeal in the case without hearing them.
A Hindu group had approached the High Court in 2022 seeking a scientific survey to determine the religious character of Bhojshala. On March 11, 2024, the High Court ordered a survey between March 22 and June 30 at the one-acre site.
The ASI report of the survey, e.g., concluded that the monument was built from the remains of earlier temples, and that the existing mosque structure was erected centuries later, as evidenced by inscriptions, sculptural fragments, and architectural remains.