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New Delhi: Supreme Court Thursday fast-tracked proceedings on the legal dispute over the religious character of the Bhojshala Saraswati Temple cum Maulana Kamal Maula Mosque in Dhar in Madhya Pradesh which has been a bone of contention between the Hindu and Muslim communities, lifting the stay it had ordered on the case pending with MP high court, reports Amit Anand Choudhary.The court also decoupled it from the larger issue of a challenge to Places of Worship Act. In the meantime, SC allowed Hindu and Muslim communities to perform Basant Panchami and Friday prayers respectively within the compound in separate demarcated areas.As Saraswati Puja will be celebrated on a Friday this year, a bench of Chief Justice Surya Kant, Justices Joymalya Bagchi and Vipul Pancholi appealed to both communities to show tolerance and mutual respect while holding their prayers and also cooperate with the district administration to maintain law and order in the area.With the Hindu side pleading with the court that they should be allowed to hold puja throughout the day as Saraswati puja is a day-long ritual and the Muslim side saying Juma Namaz can happen only between 12.30 pm and 3.00 pm, the bench decided to allow them to perform their rituals at the same time in the compound but in different corners. The court passed the order after additional solicitor general K M Nataraj, appearing for the state, assured that all necessary arrangements would be put in place to maintain law and order. The bench then asked senior advocate Salman Khurshid, appearing for the Muslim side, to brief the state govt on the number of people who would be offering namaz on Friday so that proper arrangements could be made. The court clarified that the namaz would be allowed between 1pm and 3pm while Basant Panchmi celebrations would be allowed all day.“A fair suggestion was given that in the afternoon, for namaz within 1pm and 3pm, an exclusive and separate area within the same compound, including separate ingress and egress within the same compound, shall be made available so that namaz can be performed. Similarly, a separate space shall be made available to the Hindu community to hold traditional ceremonies on the occasion of Basant Panchami… Administration may, with a view to ensure the maintenance of law and order, issue passes for the visitors or may adopt any other fair means to ensure that no untoward incident happens,” the bench said. “We appeal to both sides to observe mutual respect and trust towards each other.”The 11th century monument is at the centre of a dispute between Hindus and Muslims. Hindus believe it is a temple of goddess Vagdevi, an incarnation of goddess Saraswati, while the Muslim community calls it the Kamal Maula mosque.Advocates Vishnu Jain and Ashwini Upadhyay, appearing for Hindu side, pleaded with the court to expedite the hearing in Madhya Pradesh high court where the case arising from the dispute over religious character of Bhojshala Saraswati Temple cum Maulana Kamal Maula Mosque, has been pending. They told the court that proceedings in the case were not moving forward because of the apex court’s stay order even though the Archaeological Society of India (ASI) had filed its report in a sealed envelope.The bench thereafter asked the HC that the case be taken up by a division bench preferably headed by the Chief Justice or senior most judge and by opening the sealed envelope. It directed that the report be unsealed in open court and a copy to it be given to both sides. “Till the writ is finally decided, the parties shall maintain the status quo at the site,” the court said.
