‘Sensitive matters’: Supreme Court declines interim stay on Bhojshala order

3 min readNew DelhiUpdated: Jul 14, 2026 02:57 PM IST

The medieval structure in Madhya Pradesh’s Dhar has long been the subject of competing claims. (IFile Photo/ Wikimedia Commons)

The Supreme Court Tuesday declined to stay a Madhya Pradesh High Court order holding the Bhojshala-Kamal Maula Mosque complex in Dhar to be a temple dedicated to Goddess Vagdevi, but directed that Muslim worshippers be provided an alternative space for Friday prayers until it examines the dispute in detail.

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 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.

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”.