New Delhi/Dhar, Jan 22 (PTI) A heavy posse of police and paramilitary personnel has been deployed in Dhar district of Madhya Pradesh as the Supreme Court stepped in on Thursday to avoid any tension at the disputed 11th-century Bhojshala-Kamal Maula Mosque.
With the Hindu festival of Basant Panchami falling on a Friday this year, both communities had staked claims for worshipping at the site.
But on Thursday, the apex court gave a specific time-sharing formula to avoid any kind of communal friction.
A bench led by Chief Justice Surya Kant ruled that religious activities on Friday, January 23, will be split and the Hindu community will be permitted to perform prayers from sunrise to sunset while the Muslim community will be allowed to offer namaz between 1:00 PM and 3:00 PM.
The Supreme Court also directed the Muslim community to provide a list of persons attending the prayers to the district administration in advance.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi made an appeal to both sides to observe mutual respect and cooperate with the state and district administration for maintenance of law and order.
To enforce the court’s order and prevent any untoward incidents, the administration has deployed nearly 8,000 police personnel, including units from CRPF and Rapid Action Force (RAF).
Reacting to the Supreme Court decision, Bhojshala Mukti Yagya Samiti, Gopal Sharma said, “Regarding the status of Bhojshala and its glorious establishment, our Hindu ancestors formed the Maharaja Bhoj Utsav Samiti in 1952 to spread the thoughts of Raja Bhoj, Saraswati, and Bhojshala to the masses, and began celebrating Basant Panchami.” “Hindu society continues to follow this tradition to this day. Basant Panchami falls on January 23, and since it was a Friday, some confusion had arisen. The Supreme Court’s order today stated the Hindu community has decided to observe continuous worship. Therefore, continuous worship will be held from sunrise to sunset,” he said.
Zulfikar Pathan, head of Kamal Moula Namaz Intezamia Committee said the community accepts the Supreme Court’s decision unanimously.
“The Supreme Court’s order mandates that namaz be offered safely and systematically within the premises. The April 7, 2003 order has been upheld. So, my appeal to everyone is to maintain peace and order,” Pathan said, adding the community will further review the order and provide a response.
Former chief minister and Congress Rajya Sabha member Digvijaya Singh welcomed the apex court decision.
“When Basant Panchami falls on a Friday, Hindus go before 12 noon, and Muslims offer namaz from 1 p.m. to 3 p.m. Then, from 3 p.m., Hindus can also offer flowers. Now, it is the responsibility of the administration to follow the Supreme Court’s decision,” Singh said.
Hindu and Muslim groups have sought nod for religious activities at the Bhojshala complex on January 23, a Friday when Saraswati Puja will also be held on the occasion of Basant Panchami.
Hindus consider Bhojshala, an Archaeological Survey of India (ASI)-protected 11th-century monument, to be a temple dedicated to Vagdevi (Goddess Saraswati), while the Muslim community calls it Kamal Maula mosque.
Under an arrangement made by the ASI on April 7, 2003, Hindus perform puja on the Bhojshala premises on Tuesdays and Muslims offer ‘namaz’ in the complex on Fridays.
The SC bench said the ASG as well as Advocate General have fairly suggested that, after knowing that how many persons belonging to Muslim community are likely to come tomorrow for namaz between 1 to 3 pm, an exclusive and separate space within the same compound/ premises shall be made available, so that the namaz can be performed at the prescribed time.
“Similarly, a separate space, as per the past practice, shall be made available to the Hindu community to hold the traditional ceremonies on the occasion of Basant Panchami,” the bench said.
It directed the district administration to make law and order arrangements at the site for offering of prayers.
“The district administration may, with a view to ensure maintenance of law and order, issue appropriate passes, free of cost, for the visitors or may adopt any other fair measures to ensure no untoward incident takes place and the rituals are performed peacefully,” the bench said.
The top court was hearing a plea filed by the Hindu Front for Justice seeking exclusive rights for Hindus to offer prayers on Basant Panchami. The plea filed through advocate Vishnu Shankar Jain was mentioned for urgent hearing on Tuesday.
Jain had said the ASI’s 2003 order does not address situations where Basant Panchami coincides with Friday prayers and sought exclusive, uninterrupted worship rights for Hindus for the entire day on Basant Panchami.
Senior advocate Salman Khurshid, appearing for the mosque committee, submitted that the Friday namaz takes place between 1 PM and 3 PM, and the premises can be vacated after that.
Khurshid stated that the approximate number of persons belonging to Muslim community who will come for namaz on Friday will be furnished to the District Magistrate Priyank Mishra.
Additional Solicitor General KM Nataraj, for the Centre and ASI, assured the court that the district administration will take care of the law and order situation. PTI COR MAS SKL BNM
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