By Admin 
While giving an important interim order in the Dhar Bhojshala controversy, the Supreme Court on Monday refused to stay the decision of the Madhya Pradesh High Court for the time being. However, while giving relief to the Muslim side, the court directed that a suitable open space should be made available for namaz near the campus every Friday from 1 pm to 3 pm. The court also directed the Archaeological Survey of India (ASI) not to make any changes in the existing condition of the building. The next hearing of the case will be after three weeks.
Notice to all parties, detailed hearing to be held soon
The bench headed by the Chief Justice issued notice on the petitions of the Muslim side and said that the hearing will be held as soon as possible as per the convenience of all the parties. The court also said that efforts will be made to settle the matter soon.
Muslim side said – the system was changed without giving a chance
On behalf of the Muslim side, senior advocate Huzaifa Ahmadi argued that the arrangement before the High Court order was suddenly changed and they did not even get the opportunity to appeal in the Supreme Court. He said that he has been completely excluded from religious activities and the High Court should have stayed its order for some time.
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Singhvi said- the old system of harmony should remain
Senior advocate Abhishek Manu Singhvi said that it is not appropriate to suddenly change the system that has been in place for years. He said that the documents of the British era also show that Namaz was offered in the Bhojshala premises for a long time. According to him, the arrangement of puja on Basant Panchami and namaz on Friday was an example of religious harmony, which should be maintained.
Singhvi also said that the old status quo should be restored till the final decision of the Supreme Court. He also argued that at present there is no permanent idol installed in the premises and the puja is done every day by bringing a picture made on cardboard.
Solicitor General said – the situation has changed in two months
The Solicitor General, appearing for the Centre, said that two months have passed since the High Court order and during this time the administration has taken steps accordingly. He told the court that at present there is peace there and changing the system at this stage would not be appropriate.
Court advised to exercise restraint
During the hearing, the Chief Justice appealed to all parties to exercise restraint. He said that what is said in the court can be misinterpreted outside, hence everyone should present their arguments responsibly. He also reminded that earlier in this case, senior advocate Salman Khurshid also took special care that no wrong message should be sent to the society.
The 1995 agreement and the old system were also mentioned.
Senior advocate Meenakshi Arora, appearing for the Muslim side, said that in the year 1995, there was an agreement between both the parties that religious activities would continue in a harmonious manner. According to him, stopping the prayers in an 800 year old mosque is a very harsh step.
Whereas Huzaifa Ahmadi, citing some old orders of 1935 and 1951, said that the old system can be restored.
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High Court order and role of ASI were also discussed
During the hearing, the Supreme Court bench studied the instructions of the High Court. The judges also questioned the High Court’s direction to bring back the statue of Vagdevi from the London Museum. The court commented that how can such an order be given by a constitutional court.
Supreme Court’s interim order
At the end of the hearing, the Supreme Court issued notice on the petitions of the Muslim side and said that the next hearing will be held on the scheduled date. Till then, every Friday from 1 pm to 3 pm, a suitable open space will be provided to the Muslim community for offering prayers near the campus. Also, ASI was instructed not to make any changes in the existing condition of the Bhojshala building. At present no stay has been imposed on the decision of the High Court.