Idgah maidan case: No Ganeshotsav on ground as Supreme Court orders status quo
The decision came on a petition against a High Court order allowing Hindutva organisations to celebrate the festival on the ground where Muslims offer prayers.
No Ganeshotsav celebrations will be held at Bengaluru’s Idgah Maidan as the Supreme Court on Tuesday ordered to maintain status quo on a petition by the Karnataka Waqf Board, Live Law reported.
The ground is locked in an ownership tussle between the Karnataka Waqf Board and the Bruhat Bengaluru Mahanagara Palike, the municipal body in Bengaluru. In August, several Hindu groups had demanded permission to celebrate Ganeshotsav on Idgah maidan, where Muslims offer prayers.
The Karnataka High Court had given the group the permission to celebrate the festival that will be held on Wednesday.
The state Waqf board then approached the Supreme Court against the High Court order, The Indian Express reported. Waqf Board counsel Kapil Sibal on August 29 had sought an urgent hearing into the matter, informing a bench headed by Chief Justice of India Lalit that “unnecessary tensions will be created”, if it was not taken up immediately.
The land, Sibal said, has been in use by Muslims for decades. Sibal also cited a 1964 Supreme Court order which stated that the Bengaluru civic body had no power to govern the Idgah maidan.
On Tuesday, Chief Justice of India UU Lalit formed a three-judge bench to hear the petition, Live Law reported. Advocate Dushyant Dave, representing Idgah, said that if the matter was not urgently taken up, a 200-year-old status quo of the Idgah maidan would be disturbed.
“For 200 years it was not done, you also admit, so why not status quo for 200 years whatever was not held, let it be,” the bench said.
The bench then asked the Hindu groups to perform Ganeshotsav rituals elsewhere.
“Issues raised in the SLP [special leave petition] may be agitated by both parties before HC,” the court said. “In the meanwhile status quo as of today be maintained by both sides. SLP is disposed of.”
At Tuesday’s hearing, the Waqf Board argued that while it did not have problems with any cultural events on the ground, they are not comfortable with religious ceremonies.
“Since Ganesh Chaturthi is a religious function of another religious committee, it can’t be allowed to celebrate in the Idgah-maidan,” the board said. “Any cultural functions of national importance are allowed. Would a Muslim community member be allowed to celebrate in a Hindu religious ground ever?”
However, Solictor General Tushar Mehta said that Ganeshotsav will take place on the ground since the Karnataka government has permitted it.