The Supreme Court on Tuesday while hearing the use of Bengaluru’s Idgah Maidan for Ganeshotsav ordered both sides to maintain the status quo.
A three-judge bench comprising Justices Indira Banerjee, Abhay S Oka, and M M Sundresh was hearing a plea by the Karnataka Waqf Board challenging the High Court’s order which allowed the use of Idgah Maidan in Bengaluru for Ganesh Chaturthi celebrations.
While passing the order, the bench asked both sides to maintain status quo and said, “No pooja, no namaaz as of now."
“You can hold the Pooja somewhere else. Interim status quo (will remain) for two days and go back to High Court," the apex court remarked.
“No religious function has been held by any other community on this ground. In 1977, a suit for permanent injunction was filed, which was decided in our favour. It’s also registered under Waqf Act," board’s lawyer Kapil Sibal told the three-bench bench hearing the matter.
“Suddenly in 2022, they get a Commissioner’s report, saying that it is a disputed land and hence we need it for Ganesh Chaturthi celebrations for two days. A single-judge bench of Karnataka High Court ruled in our favour," he added.
Appearing for the petitioner, senior advocate Dushyant Dave said it is an encroachment on religious affairs. “The Solicitor General before the Division Bench showed an order, did no shared with us, which allowed for the Ganesh Chaturthi celebrations on the ground and hence, this urgency. Waqf is an overriding act. It’s an encroachment on religious affairs. Is this the example they are setting on religious minorities that their rights can be tampered on with?"
Justice Oka asked if the land is used earlier for festivals like this. Senior Advcocate Mukul Rohatgi, representing the Karnataka Government, replied in negative.
Justice Oka further said if you see order of single judge, even single judge has granted liberty to apply for modification, and instead of doing that you go for appeal.
Rohatgi said even if the land was not used in the past, it cannot be an argument to say it cannot be used now. “All the revenue entries are in favour of the state. Properties that don’t belong to anyone are of the government. It was a suit for injunction, not for title. Survey 40 has been noted as Sarkaari Land," he said.
Responding to Rohatgi, Dave said, “If he is wrong he is in contempt."
Rohatgi further said, “They never filed a civil suit to claim ownership. So, if it is not anyone’s land, it is state’s land. Evidence on behalf of corporation shows there are footpaths across the land. The Supreme Court says children playing in ground won’t create title for BBMP. Fair enough, but it can’t create title in their favour too. It’s not correct to say exclusive possession."
“My friend talked about Waqf Act 1995. The 1995 Act has no application. What applies is 1954 Act. They are allowed two days prayer in the year, children are allowed to play…that’s the status of the suit," he said.
“In Bengal, in every street, every park Durga Puja is held. In Guj, every road is having Dandiya and Garba, In Delhi, Raavan effigy is being burned, does someone say anything? Who’s rights are being taken away," Rohatgi asked.
To which, Dave commented, “I wonder in which temple of this country, the minority is allowed to pray."
Rohatgi also said Karnataka Waqf Board should be broad minded.
SG Mehta said, “State is not a party to any suit and to any findings. There is no suit for ownership. The entire foundation is based on an entry in Waqf register despite everyone saying you file a title suit which they never do."
Meanwhile, Bengaluru Police Commissioner Pratap Reddy said that adequate security has been put in place in to ensure status quo is maintained at Idgah Maidan.
A division bench of the Karnataka High Court on August 26 permitted the state government to consider and pass appropriate orders on the applications received by the Deputy Commissioner of Bengaluru (Urban) seeking the use of Idgah Maidan at Chamarajpet, news agency PTI reported.
Earlier, Karnataka Chief Minister Basavaraj Bommai commented on the controversy and said, “It has been decided that the property comes under Revenue Department, so it is under the government, so any programmes or events can be permitted as per the government’s rules and procedures. We will decide as per law."
The 10-day extravagant celebration of Ganesh Chaturthi will begin on August 31, this year, and will end on September 9, with the visarjan ceremony.
(With PTI inputs)
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