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Synopsis

The Supreme Court on Tuesday said that Festivities of Ganesh Chaturthi at Bengaluru's Idgah Maidan will not be allowed as of now.

A bench of Justices Indira Banerjee, Abhay S Oka & MM Sundaresh noted that the status quo on the disputed land, which the Karnataka Waqf Board claims title on and state government calls public land be maintained, i.e. allow conduct of islamic prayers only two days a year. It is also permitted to hold republic day and independence day celebrations on the ground. 

“There is no dearth of space elsewhere, hold the Puja elsewhere,” the bench orally remarked while setting aside a Karnataka HC order of last week, whereby a single judge order was modified to allow state government to consider applications seeking permissions to hold Ganesh Chaturthi celebrations on the land. Court asked parties to agitate the issues before the High Court.

Yesterday, Senior Advocate Kapil mentioned the issue on account of a Karnataka High Court order passed only last week, modifying an earlier interim order, which in effect, prohibited other religious activities apart from Ramzan and Bakrid on the Idgah Maidan and allows the government to consider applications seeking celebration of Ganesh Chathurthi on site

The Karnataka State Board of Auqaf has challenged a decision of the Karnataka High Court whereby it allowed the government to consider applications seeking permission to celebrate Ganesh Chaturthi at the disputed Idgah Maidan site in Bengaluru. 

"This is bound to create religious tensions," Sibal said, while highlighting that the Idgah maidan has been used by Muslims for rituals for the past 6 decades or so.

Recently, the Karnataka High Court had allowed the state government to consider applications by persons who were looking to celebrate Ganesh Chaturthi at the site. A bench of Acting Chief Justice Alok Aradhe and  Justice S Vishwajith Shetty had said that the the Indian Society comprises religious, linguistic, regional or sectional diversities. The Constitution of India itself fosters brotherhood amongst various sections of the Society. The principle of religious toleration is the characteristic of Indian civilization.

The Karnataka Governnment had come before the division bench after a Single bench had passed an interim order on August 25 of maintaining status quo on the site, restraining the use of the "Idgah Maidan" for any other religious activities except on Ramzan and Bakrid festivals. 

The Maidan was also allowed to be used for Independence Day and Republic Day celebrations by state government. The Wakf Board had approached the High Court after the BBMP ruled that the land belongs to the Revenue Department. In effect, the Karnataka High Court modified this interim order. It is against this interim order that the Muslim outfits have approached Supreme Court.

 

Case Title: Karnataka state board of Auqaf Vs. state of Karnataka