'Have To Be Careful About Every Expression Used, Very Sensitive Issue’: SC Declines To Restore Friday Namaz At Bhojshala
SC was hearing a batch of appeals challenging MP HC order, which said disputed Bhojshala complex in Dhar district was temple dedicated to Goddess Saraswati.
By Sumit Saxena
Published : July 14, 2026 at 1:42 PM IST
New Delhi: The Supreme Court on Tuesday agreed to hear the Muslim parties' appeal against the Madhya Pradesh High Court's verdict declaring Bhojshala a temple, but refused to allow them to offer namaz in the complex on Fridays.
The matter was heard by a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana. The bench was hearing a batch of appeals challenging a Madhya Pradesh High Court order that stated that the disputed Bhojshala complex in Dhar district was a temple dedicated to Goddess Saraswati. The apex court declined to pass an interim order to permit namaz at the site.
The apex court sought responses from the Centre, state government, and the Archaeological Survey of India (ASI) on pleas filed by the Muslim side against the high court’s decision. The bench said a separate open area adjacent to the premises may be provided to the appellants and other members of the Muslim community for offering namaz on Friday, between 1-3 pm. The bench clarified that the arrangement will be ad-hoc in nature subject to the final outcome of these proceedings, and is without prejudice to the contentions of the parties.
The bench also ordered that the ASI should not make any structural changes without the court's permission. Muslim side’s counsel argued that the earlier arrangement existing since 2003 - which allowed Hindu and Muslim worship to continue at the site on designated days - must be allowed to operate in the meantime. The counsel stressed that his clients are totally ousted.
During the hearing, the bench said it has to be very careful about every expression used, as these are very sensitive matters. The bench stressed that what is said in court can unnecessarily create controversies or send the wrong impression. “We have to be very careful about every expression used,” it observed.
The bench noted this was the first time the issue regarding the interim arrangement had come before it. “Our view is that whatever arrangement is presently in place, the matter can be listed before an appropriate bench within 10 to 15 days,” the bench orally observed. The bench said that it should not pass any order which can cause tension.
The bench orally observed that it should not pass any order which creates a law and order problem at this juncture and it is ready to take up the matter on day-to-day basis. The bench also added that some of the ASI orders have been creating problems and the court will hear both sides and they must show patience.
Senior advocate Huzefa Ahmadi, representing the Muslim side, contended that the primary issue was whether the factual disputes could have been settled in a writ petition. It was vehemently argued before the bench that a status quo which existed for about 800 years was disturbed.
Solicitor General Tushar Mehta, representing Madhya Pradesh and the Centre, submitted that several developments had occurred during the two months following the high court's verdict and expressed reservations about restoring the status quo ante. "Once you come after two months and seek status quo ante, administrative problems will arise," argued Mehta.
Senior advocate Meenakshi Arora, also representing the Muslim petitioners, said there has been a mosque dating back to the 12th century, and prayers have been offered for at least 800 years and asked why should it be disturbed.
She insisted that stopping the prayers after 800 years would be too harsh for one community.
On May 15, the Madhya Pradesh High Court ruled that the disputed Bhojshala-Kamal Maula mosque complex in Dhar district is a temple dedicated to Goddess Saraswati. It simultaneously quashed a decades-old ASI order that had allowed the Muslim community to offer Friday prayers at the site.
Also Read:
