The Supreme Court on Tuesday refused to give its nod for use of Idgah ground, situated in Chamarajpet area of Bengaluru, for celebrations of Ganesh Chaturthi.
A Bench comprising Justice Indira Banerjee, Justice A.S. Oka and Justice M.M. Sundresh ordered that status quo will be maintained by both the parties in the matter. The bench ordered that the Single Bench of the Karnataka High Court will hear the case on 23.09.2022, and all questions/issues can be raised there.
Before passing the order late this evening, Justice Indira Banerjee said, “We can order status quo.”
To this, Solicitor General Tushar Mehta said, “No, please allow the two-day event.”
At the same time, Dushyant Dave said that in the 1991 Places of Worship Act, it has been said that the character of any religious place cannot be changed. An attempt was being made to change the character of this place, he added.
The Supreme Court then passed the order, after a two-hour urgent hearing.
It said, “As the situation is today, the same situation will remain in Idgah, the order will be applicable from today itself.
The status quo will be applicable to both the parties.”
Earlier in the day, the Apex Court had referred the petitions permitting the use of Idgah Maidan in Bengaluru’s Chamarajpet for Ganesh Chaturthi to a three-judge bench, following the ‘difference of opinion’ between the roster bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia.
The Karnataka High Court had recently permitted the state government to consider and pass appropriate orders on applications received by the Deputy Commissioner seeking use of Idgah Maidan, situated in Chamarajpet of Bengaluru, for holding religious and cultural activities for a limited period (August 31 and September 1).
During the hearing, Senior Advocate Kapil Sibal, appearing for the petitioners, argued that Muslim community had been in possession of the land for over 200 years. It was for the first time that the Municipal Corporation had challenged the title of the land this year.
Further, he submitted that the community was open to Republic Day celebrations, but not to celebrations of another religious organisation.
Senior Advocate Dushyant Dave then stated that the Advocate General of Karnataka had submitted that there was a dispute with regard to title of property before the Division Bench of the Karnataka High Court.
Senior Advocate Huzefa Ahmadi argued that the Division Bench of the High Court had stated that religious tolerance was required and therefore, the land must be thrown open. However, the same was not within the spirit of Articles 25 and 26 of the Constitution, he added.
At this point, Justice Gupta commented, “Admittedly, your difficulty is, you (Muslim community) are using the ground only for 2 days.”
Ahmadi replied, “That’s not the issue. I can have religious congregation on all days in a year. That’s my choice.”
Solicitor General Tushar Mehta, appearing for the state government, had submitted that till this stage, the title has never gone into any competent forum.
Justice Dhulia said, “You know the law very well, Mr. Mehta. Long standing revenue entries cannot be disturbed like this.”
The SG replied, “It’s in my favour. Long standing revenue entries show that its sarkari land.”
Justice Dhulia then observed, “Merely because it’s an open land, it does not become government land, otherwise it’s against what this court has observed.
As the hearing drew to a close, the SG submitted that the Ganesh Utsav festivities would be conducted only for two days and then, everything would get back to normal.
Justice Dhulia asked the petitioners whether Ganesh Utsav celebrations have taken place on this land before.
The petitioners replied in the negative.
Read order below:
26903_2022_5_301_37904_Order_30-Aug-2022-1