The Supreme Court Tuesday, denied permission for Ganesh Chaturthi celebrations at the disputed Idgah Maidan in Bengaluru. The apex court imposed a status quo on the Maidan on a petition by the Karnataka Waqf Board and said, “No pooja, no namaaz as of now.”
Directing the parties to seek a settlement through the Karnataka High Court, the SC remarked, “You can hold the Pooja somewhere else. Interim status quo (will remain) for two days and go back to High Court.”
The Idgah Maidan has been at the centre of a controversy with both the Karnataka Waqf Board and the Bruhat Bengaluru Mahanagara Palike claiming its ownership.
The Supreme Court was hearing a petition filed by the Karnataka Waqf Board against the Karnataka High Court, which granted the state government permission to consider the application for use of the Eidgah Maidan in Chamarajpet, Bengaluru, for religious activities (primarily Ganesh Chaturthi celebrations) for a limited period beginning August 31.
Notably, the High Court had earlier ruled that the government may grant authorization, but the waqf board appealed to the Supreme Court, claiming that such religious celebrations had not been performed in the area “for 200 years.” The court’s three-judge bench issued an interim order for “status quo as of today,” indicating that the festival will not take place on the grounds.
Senior advocate and former Congress leader Kapil Sibal, appearing on behalf of the Waqf Board, argued before the top court that the Karnataka HC’s order is in violation of the 1964 order passed by the Supreme Court.
Sibal also argued that the Karnataka HC’s order might change the ‘character of the maidan’ and that ‘nod to the puja at the maidan might hurt communal harmony.’
Sibal further read a judgment, saying that just because land is vacant, it cannot be vested with the government. He says that the Idgah is mentioned in records far back as 1931 and in 1871. “So Possession and Idgah and Graveyard are established,” he argued before the SC.
Sibal for Waqf Board reads judgment, says just because a land is vacant, it cannot be vested with the government. He says that the Idgah is mentioned in records far back as 1931 and in 1871. “So Possession and Idgah and Graveyard is established,” he says #SupremeCourt
— LawBeat (@LawBeatInd) August 30, 2022
‘What is your apprehension regarding? Is it only for one particular festival that is to be celebrated at the maidan tomorrow or regarding permission for all festivals to be celebrated at the maidan?’ the bench asked the Waqf side.
In response, Sibal reiterated that ‘no other religious festival should be allowed except what we are allowed to do.’
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 not share 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 with?”
Dave: The learned single judge order of Karnataka HC is just (order which prohibits all religious activity except Ramzan prayer and Bakrid prayer on land). They can’t do this. Dont give this kind of impression to minorities that their rights can be trampled like this!
— LawBeat (@LawBeatInd) August 30, 2022
Justice Oka questioned if the land is used earlier for festivals like this. Senior Advocate Mukul Rohatgi, representing the Karnataka Government, replied in the negative.
Justice Oka further said if you see the order of the single judge, even the single judge has granted liberty to apply for a modification, and instead of doing that you go for appeal.
Rohatgi said that 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 the title. Survey 40 has been noted as Sarkaari Land,” he said.
Justice Oka: But this land was never used before for this kind of activity (Ganesh puja).
— LawBeat (@LawBeatInd) August 30, 2022
Rohatgi: Just because it hasn’t been used in the past, cannot be said that it cannot be used in the future.#SupremeCourt #GaneshChaturthi
Responding to Rohatgi, Dave said, “If he is wrong he is in contempt.”
Rohatgi further said: “At the end of the day position is it (Idgah land) is open ground, they are allowed prayers for two days a year and children play on the ground. Does it even establish possession? Forget the title!”
“In India, the position is, In every house, every courtyard, Durga Puja happens in Bengal. In every building, in Gujarat, Dandiya is conducted. In Delhi, Dushhehra is celebrated in every park. So these people NEED TO BE OPEN MINDED!” the Karnataka Govt’s counsel Mukul Rohatgi added.
After hearing the arguments presented by both sides, the apex court 3-judge bench comprising of Justices Indira Banerjee, AS Oka and MM Sundresh asked that the status quo be maintained by both sides as of today and asked parties to approach Karnataka High Court for resolution of the dispute.
Meanwhile responding to the SC ruling Bengaluru Police Commissioner CH Pratap Reddy said, “We’ve deployed an adequate police force. SC judgment will be binding on all of us including the police. We will ensure that the status quo is maintained.”
Karnataka | We’ve deployed an adequate police force. SC judgment will be binding on all of us including the police. We will ensure that the status quo is maintained: Bengaluru Police Commissioner CH Pratap Reddy on SC order of maintaining status quo at Idgah maidan in Chamarajpet pic.twitter.com/gq2jBfIv6T
— ANI (@ANI) August 30, 2022
What is the dispute over the ownership of the 2.5-acre Idgah Maidan in Chamarajpet
The 2.1 acres of land in the middle of Chamrajpet, one of the oldest localities of Bengaluru has been embroiled in an ownership issue. Two months ago, the city’s municipal corporation, Bruhat Bengaluru Mahanagara Palike (BBMP) claimed the playground to be its property. Meanwhile, Muslim organisations asserted that the land actually belonged to the Karnataka State Waqf Board.
What BBMP and the Waqf Board claims
According to the BBMP, the Idgah maidan was identified as a playground and public property belonging to the city corporation in the 1974 metropolis survey. The BBMP further claimed that neither the Karnataka State Board of AUQAF nor any Muslim organisation participated in the city’s 1974 survey, nor did any Muslim organisation document their claim to ownership of the contested land.
Because the title was not transferred to any Muslim organisation, the BBMP claims to have been in possession of the contested land since 2006. According to the BBMP, the authority has also constructed pavements surrounding the Maidan, a public restroom, and a drinking water facility.
Meanwhile, the Karnataka State Waqf Board asserts that the 2.1 acre of contested land is a registered waqf property and that it has been so since the 1850s.
The controversy re-surfaced in June this year after Hindu organisations demanded that the site be made accessible for events such as Independence Day, International Yoga Day, Ganesha Festival, and others.
In the first week of June this year, a newly formed Hindu outfit, Chamarajpet Nagareekara Okkoota Vedike approached civic authority Bruhat Bengaluru Mahanagara Palike (BBMP) requesting permission to access the Idgah maidan.
In response, the BBMP clarified that the Idgah Maidan in Chamarajpet is a BBMP playground that may be used by all communities with permission from the Joint Commissioner, BBMP (West). The Karnataka State Board of Auqaf, on the other hand, claimed that the land was a gazetted Wakf property. Following this, the BBMP stated that no approvals for events would be granted until the disagreement was settled.
Police install CCTV cameras at Karnataka’s Idgah Maidan, as Hindus question why only Muslims were allowed to use the site
Meanwhile, the Karnataka Police, in partnership with the Bruhat Bengaluru Mahanagara Palike (BBMP), decided to install closed-circuit television cameras (CCTVs) around the 2.5-acre Idgah Maidan in Chamarajpet.
The department met with BBMP officials and decided to install CCTV cameras around Idgah Maidan, according to a senior police officer. “Twelve CCTV cameras are being fixed surrounding the site. The cameras come with 4MP Zoom and 4K Clarity features and will be connected to monitor the premises. Chamrajpet police station will have access to the footage,” he said.
The Central Muslim Association (CMA), which presented paperwork and records to the BBMP on Thursday supporting their claim to the site, stated on Friday that while they were unaware of the intentions for CCTVs to be placed there, they would not oppose it since it would boost security surrounding the land.
