Bhojshala Dispute: Supreme Court Asks Madhya Pradesh to Consider Allotment of Land Near Dargah for Friday Namaz
In a significant development in the long-running Bhojshala-Kamal Maula complex dispute, the Supreme Court has asked the Madhya Pradesh Government to consider allotting a suitable parcel of land near the disputed site in Dhar for members of the Muslim community to offer Friday namaz. The direction came as part of the Court’s ongoing efforts to maintain communal harmony while hearing appeals challenging the Madhya Pradesh High Court’s judgment declaring the ASI-protected Bhojshala complex to be a temple dedicated to Goddess Saraswati and prohibiting the offering of namaz at the disputed premises.
The dispute centres on the historic Bhojshala-Kamal Maula complex, which has for decades been claimed by both Hindu and Muslim communities. Hindus regard the site as the ancient Bhojshala Temple dedicated to Goddess Saraswati, while Muslims consider it to be the Kamal Maula Mosque, where Friday prayers had been offered for many years under an administrative arrangement. In May 2026, the Madhya Pradesh High Court ruled that the site is a Hindu temple and set aside the earlier Archaeological Survey of India (ASI) arrangement permitting Muslim prayers on Fridays.
When the matter reached the Supreme Court, the Bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, declined to stay the High Court’s judgment as an interim measure. However, recognising the sensitive religious and constitutional issues involved, the Court directed the State administration and the ASI to identify an open space adjacent to or near the Bhojshala complex where members of the Muslim community could offer Friday namaz between 1 p.m. and 3 p.m. until the dispute is finally decided. The Bench clarified that this arrangement was purely interim and would not affect the rights of either side in the pending appeals.
Subsequently, the Muslim side informed the Supreme Court that the alternative site identified by the State Government was located too far from the disputed complex and did not comply with the Court’s earlier direction requiring land “adjacent to or near” the Bhojshala premises. Senior Advocate Huzefa Ahmadi submitted that the allotted location was impractical for worshippers and remarked that they “don’t have helicopters” to travel to a distant site within the limited time available for Friday prayers.
Responding to these concerns, the Supreme Court once again reminded the Madhya Pradesh Government to implement its earlier directions “in letter and spirit.” During the hearing, Solicitor General Tushar Mehta, appearing for the State, informed the Bench that discussions had already been held with the authorities and that efforts were underway to identify a more suitable location closer to the Bhojshala complex. The Court directed the Government to seriously consider allotting land in the vicinity so that its interim order could be effectively implemented while preserving peace and public order.
The proceedings underscore the Supreme Court’s attempt to strike a careful constitutional balance between competing claims over a disputed religious site. Rather than restoring Friday prayers inside the Bhojshala complex at the interim stage, the Court has sought to ensure that members of the Muslim community are not deprived of a nearby place of worship pending the final adjudication. Simultaneously, it has refrained from disturbing the High Court’s declaration regarding the status of the disputed structure until the appeals are heard on merits.
The case raises important constitutional questions concerning Articles 25 and 26 of the Constitution, which protect the freedom of religion and the right to manage religious affairs, while also involving issues relating to the management of protected monuments under the Archaeological Survey of India. The Supreme Court has repeatedly emphasised that the matter is highly sensitive and has urged both communities to maintain restraint and communal harmony until a final decision is delivered.
The appeals against the Madhya Pradesh High Court’s judgment remain pending before the Supreme Court. The Court’s final verdict will determine the legal status of the Bhojshala-Kamal Maula complex and the respective rights of Hindu and Muslim devotees. Until then, the interim arrangement directing the State to identify a suitable nearby site for Friday namaz is intended solely to preserve public order and accommodate religious practices without prejudicing the rights of either party.
