The Supreme Court on Tuesday refused the Karnataka government permission to hold two-day Ganesh Chaturthi celebrations in Chamarajpet Idgah Maidan in Bengaluru. The apex court also ordered status quo on the land, which means there will be no religious congregation or namaz in the Idgah grounds, either. The order has come into force with immediate effect.
The highest court was hearing a plea by the Karnataka State Waqf Board challenging a Karnataka High Court order delivered on 26 August, which had allowed the state government to consider and pass appropriate orders on the applications seeking the use of Idgah Maidan at Chamarajpet for Ganesh Chaturthi celebrations. The Waqf Board had in its petition claimed that the Idgah Maidan land was its property where namaz was being held since 1964 and if pooja was allowed there it could lead to communal tension.
Hearing the plea, the three-judge bench comprising Justices Indira Banerjee, Abhay S. Oka and M.M. Sundresh asked the state government if such religious celebrations were allowed in the Idgah Maidan earlier.
Representing the state government, senior lawyer Mukul Rohatgi informed the bench that there had been no such precedence of the government giving permission to hold religious celebrations there. Noted senior lawyer Kapil Sibal, who represented the Waqf Board, raised the question of ownership of the Idgah land and attempt to change its character When the bench asked if such religious celebrations were allowed there, Sibal vehemently denied any such precedence. “No, there are no religious festivals organized there except Ramzan and Bakar Id,” Sibal said. He informed the Court that by allowing such religious festivals, an attempt is being made to change 200-year-old character of the place.
The bench asked if the Waqf Board was against holding a specific religious festival there, to which Sibal said that their objection was against putting the land to any use other than what it was being used. He then cited a Supreme Court order of 1964 in which the apex court had held that the land was in possession of the Waqf Board. He further informed the Court that the notification on Waqf Act was not challenged ever, but now they say that the ground in question is a corporation land in revenue records. However, so long as it is a Waqf property the state cannot claim ownership of the land.
Rohatgi said that the land is the property of the state not the corporation. Countering his argument Sibal told the bench that all of a sudden in 2022 an ownership is being claimed over Waqf land and urged the Court to intervene. Arguing that the Maidan was being used as a playground by kids, Rohatgi further said by holding the namaz there does not give the Waqf any ownership right over the property.
Senior lawyer Dushyant Dave also argued on behalf of the Waqf Board saying that Muslims have the right to manage their Waqf properties and the state cannot intervene, so that the minority community does not feel that their rights are being trampled upon.
Hearing the arguments from both sides, the bench set aside the High Court order and refused the Karnataka government permission to allow the Idgah Maidan grounds to be used for Ganesh Chaurthi celebrations.
As soon as the Supreme Court delivered its verdict, the state government deployed 100 platoons of Karnataka State Reserve Police, 21 assistant commissioners of police, 47 police inspectors, 130 sub-inspectors, 126 assistant sub-inspectors, 900 constables, 120 Rapid Action Force personnel and 100 personnel from the special weapons and tactics wing to ensure peace in the area.
