The Supreme Court on Wednesday directed the Center and the Madhya Pradesh government to comply “in letter and spirit” with its July 14 order asking authorities to provide a separate space “adjacent or in the vicinity” of the disputed Bhoshala temple-Kamal Maula Masjid complex in Dhar for members of the Muslim community to offer Friday prayers as an interim arrangement, after it was informed that the site identified by the administration was nearly two kilometers away.
A bench headed by Chief Justice of India Surya Kant, and comprising Justices Joymalia Bagchi and V Mohana, observed that the authorities were committed to faithfully implementing their earlier directions and sent the matter for further hearing on Friday to monitor compliance.
The issue was mentioned before the bench by senior advocate Huzaifa Ahmadi, who represented the Muslim petitioners, who said that the site allocated by the authorities was about two kilometers from the disputed complex. “They allocated a place two kilometers from the site,” Ahmadi told the court.
Solicitor General Tushar Mehta, representing the Center and the Madhya Pradesh government, responded that although the site was about 900 meters away, he had already spoken to the authorities to identify an alternative site.
“I spoke to the authorities and the location was 900 meters away. But I am in talks with them and have asked them to identify an alternative location,” Mehta said.
The bench reminded the law officer that its previous order had specifically used the phrase “adjacent site.” “The last time we used the phrase ‘adjacent location’…” the bench noted.
Mehta assured the court that he had already spoken to the authorities and that the latest administrative order specifying the location would be dealt with. “This matter will be taken care of. I have already spoken to the authorities there,” he added.
However, the bench stressed the need to implement its directions faithfully.
“The order must be complied with in letter and spirit… We will list it on Friday and you comply with the ‘adjacent site’ order,” the court directed.
The dispute concerns the Bhoshala temple complex and Kamal Maula Mosque in the Dhar district, where Hindu and Muslim communities have historically claimed their religious rights.
On July 14, while the Supreme Court refused to reinstate Friday prayers inside the disputed complex, it maintained effect of the Madhya Pradesh High Court’s May 15 ruling that declared the memorial to be a temple dedicated to Goddess Saraswati. At the same time, it has developed an interim arrangement directing the state administration and the Archaeological Survey of India (ASI) to provide open space “adjacent to or near” the disputed buildings where members of the Muslim community can offer Friday prayers between 1 pm and 3 pm.
The court made it clear that the arrangement would be completely ad hoc and would not prejudice the rights of either side.
“At the same time, as an interim measure and without prejudice to the rights of both sides, it is directed that a separate open space, adjacent to or in the vicinity of the subject building, be provided for the appellant(s) and other members of the Muslim community to offer prayers on Fridays between 1 pm and 3 pm. It shall be ensured that no disruption is caused to the entry and exit of either side into the subject building while they are carrying out their respective religious practices. Such arrangement shall be ad hoc in nature and subject to the final outcome of these appeals,” the bench ordered.
The court also prohibited ASI from making any structural modifications to the protected monument without obtaining its prior permission.
The Supreme Court is hearing appeals filed by petitioner Gibran Ansari, Qazi Moinuddin-Mutawali of Kamal Moula Masjid, and Maulana Kamaluddin Charitable Society against the Madhya Pradesh High Court’s May 15 judgment, which declared the religious character of the 11th-century Bhojshala-Kamal Moula complex as a temple dedicated to Goddess Saraswati and abolished it. ASI order 2003 allows Muslims to perform Friday prayers at the site.
While issuing a notice on appeals on July 14, the Supreme Court refused to stay the apex court ruling, stating that rights arising from that ruling must be protected unless it is set aside on appeal, even as it seeks to balance competing religious claims by temporarily arranging Friday prayers at a nearby venue.
The Indore bench of the Madhya Pradesh High Court, in its judgment on May 15, declared the religious character of the Bhoshala-Kamal Maula complex to be that of a temple dedicated to Goddess Saraswati. It ruled that the Places of Worship (Special Provisions) Act, 1991, would not apply as the monument is protected under the Ancient Monuments, Archaeological Sites and Monuments Act, 1958. The Supreme Court also quashed the Indian Muslim Society’s April 7, 2003 order that allowed Hindus to worship on Tuesdays and Muslims to offer prayers every Friday, noting that Muslim parties could seek allotment of separate land elsewhere in Dhar. To build a mosque.
The Supreme Court decision was based on an ASI report, submitted in 2024, which stated that the Bhojshala-Kamal Mula Mosque complex was built using the remains of earlier temples, with the mosque being built centuries later. The survey found ancient scriptures, columns, pillars, coins and inscriptions containing images of Hindu deities like Ganesh, Brahma with his consorts, Narasimha and Bhairava.
The 11th-century monument has been the subject of a long-running dispute, with Hindu groups claiming it is a temple while the Muslim sect maintains it is a mosque dedicated to a Sufi saint. The Bhoshala case was part of a wave of appeals over the past five years that Islamic holy sites were built after temples were demolished and therefore should be replaced. Other cases include the Gyanvapi Mosque in Varanasi and the Shahi Eidgah Mosque in Mathura – both of which are adjacent to famous temples.
