4 min readNew DelhiUpdated: Jul 14, 2026 06:34 PM IST
The Supreme Court Tuesday declined an interim stay on a Madhya Pradesh High Court order that would have allowed Muslims to continue Friday prayers at the Bhojshala complex in Dhar. Describing it as a “sensitive matter”, the court directed that Muslims offer Friday prayers at an alternative site near the Bhojshala until a final decision on the dispute.
A three-judge bench presided by Chief Justice of India Surya Kant said it will fix the matter for final hearing after 2 or 3 weeks.
“Meanwhile… without prejudice to the rights of both sides, it is directed that a separate open space adjacent/near the subject premises may be provided to the appellant and other members of the Muslim community for offering namaz on Friday between 1-3 pm. It shall be ensured that no disturbance is caused to both sides in the performance of religious rites. The arrangement shall be ad-hoc in nature and subject to the final outcome of the appeal,” the bench, also comprising Justices Joymalya Bagchi and V Mohana, said.
The Bhojshala-Kamal Maula Mosque complex in Dhar, Madhya Pradesh, where the Supreme Court is hearing appeals against the High Court ruling declaring the ASI-protected site a temple while directing an alternative space for Friday namaz. (Wikipedia Commons Photo)
The bench also directed that “structural alterations” to the complex, “if proposed by the Archaeological Survey of India (ASI), will not be carried out without leave of this court.”
‘We should be extremely careful’
On May 15, the Madhya Pradesh High Court held that the complex has a religious character as a temple, following which the Muslim appellants Tuesday sought an interim stay and the restoration of the status quo ante.
During the hearing, CJI Kant said, “These are very sensitive matters”.
“What is happening inside court no 1 can unnecessarily create a wrong impression, a wrong message. We should be extremely careful in using any expressions….The state’s helplessness in maintaining law and order has been noted. That’s why we just thought whatever system is there, if we can list it after 10-15 days before a bench,” CJI Kant said.
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“Please be over cautious. Let us not pass any order that leads to the creation of tension and a law and order crisis at the spot. We are ready to hear the matter on a day-to-day basis… Resolve the issue finally… It’s a matter where both sides, we will request, should have patience,” the CJI added.
People offer prayers inside the Bhojshala – Kamal Maula mosque complex in Dhar, MP. (Express Photo by Anand Mohan J)
The medieval structure in Madhya Pradesh’s Dhar has long been the subject of competing claims. While Hindus consider the ASI-protected complex a temple dedicated to the goddess, Muslims regard it as the Kamal Maula mosque.
Under a 2003 arrangement, Hindus performed puja at the complex on Tuesdays and Muslims offered namaz on Fridays.
In 2024, the Madhya Pradesh High Court ordered an ASI survey of the complex, observing that its nature and character need to be “demystified and freed from the shackles of confusion”. The ASI report stated that the “existing structure was made from the parts of earlier temples”.
Supreme Court’s Bhojshala Order – Key Takeaways
Interim directions on the Bhojshala complex, pending final hearing
No Interim Stay
SC declined to stay the MP High Court’s May 15 ruling declaring the complex a temple to Goddess Vagdevi.
Friday Prayers, 1–3 PM
A separate space nearby or adjacent to the complex to be provided specifically for Friday prayers.
No Structural Changes
ASI barred from making any structural alterations to the medieval complex without explicit permission.
CJI’s Caution
Chief Justice Surya Kant urged all parties to exercise patience, citing the sensitive law and order dimension.
