'Ensure namaz site is adjacent to Bhojshala'
New Delhi, July 23 -- The Supreme Court on Wednesday directed the Centre and the Madhya Pradesh government to comply "in letter and spirit" with its July 14 order requiring authorities to provide a separate space "adjacent to or near" the disputed Bhojshala Temple-Kamal Maula Mosque complex in Dhar for members of the Muslim community to offer Friday namaz as an interim arrangement, after it was informed that the site identified by the administration was nearly two kilometres away.
A bench headed by Chief Justice of India Surya Kant, and comprising justices Joymalya Bagchi and V Mohana, observed that the authorities were bound to faithfully implement its previous directions and posted the matter for further hearing on Friday to monitor compliance.
The issue was mentioned before the bench by senior advocate Huzefa Ahmadi, appearing for the Muslim petitioners, who submitted that the site earmarked by the authorities was around two kilometres from the disputed complex. "They have allocated a place two kilometres away from the site," Ahmadi told the court.
Solicitor General Tushar Mehta, appearing for the Centre and the Madhya Pradesh government, responded that although the location was only about 900 metres away, he had already spoken to the authorities to identify an alternative site.
"I had a word with the authorities and it is 900 metres away. But I am in talks with them and have asked them to identify an alternative site," Mehta said.
The bench reminded the law officer that its previous order had specifically used the expression "adjacent site". "Last time when we used the expression 'adjacent site'..." the bench observed.
Mehta assured the court that he had already spoken to the authorities and that the latest administrative order identifying the site would be addressed. "That order will be taken care of. I have already spoken to the authorities there," he submitted.
The bench, however, underlined that its directions were required to be implemented faithfully.
"The order has to be complied with in letter and spirit...We will list it on Friday and you comply with the order of 'adjacent site'," the court directed.
The dispute relates to the Bhojshala Temple-Kamal Maula Mosque complex in Dhar district, where both Hindu and Muslim communities have historically claimed religious rights.
On July 14, while refusing to restore Friday namaz inside the disputed complex, the Supreme Court had preserved the effect of the Madhya Pradesh high court's May 15 judgment declaring the monument to be a temple dedicated to Goddess Saraswati. At the same time, it evolved an interim arrangement directing the state administration and the Archaeological Survey of India (ASI) to provide an open space "adjacent to or near" the disputed premises where members of the Muslim community could offer Friday namaz between 1 pm and 3 pm.
The court had clarified that the arrangement would be purely ad hoc and without prejudice to the rights of either side....
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हमे संपर्क करें.