Bangalore Idgah Maidan: SC says to maintain status quo
Aug 30, 2022
New Delhi [India], August 30 : The Supreme Court on Tuesday directed to maintain status quo as of today by both sides on the issue relating to the Idgah Maidan in Bengaluru's Chamarajpet.
A three-judge bench of Justices Indira Banerjee, AS Oka and MM Sundresh ordered to maintain the status quo as of today by both sides.
The court also said that the issues raised in the petition may be agitated by both parties before the concerned High Court.
Central Muslim Association of Karnataka has moved the Supreme Court against the Karnataka High Court order which grants permission to the state government to consider the application for use of the Idgah in Chamarajpet, Bangalore, Karnataka for holding religious and cultural activities for a limited period from August 31 onwards.
The matter was argued today afternoon before the two-judge bench of Justices Hemant Gupta and Sudhanshu Dhulia but there was no consensus among the judges and the issue was referred to Chief Justice of India UU Lalit. Thereafter, CJI Lalit constituted a three-judge bench to hear the matter today evening.
During the hearing counsel, both sides raised various issues relating to the land.
Senior advocate Kapil Sibal, appearing for the petitioner, submitted that in the last 200 years, no other community has been allowed to perform rituals here. He also apprised the court that an injunction was passed in the top court in 1964 and this is Wakf property.
Sibal referred to SC judgment and said that it established that Muslims were in possession.
During the hearing, the Supreme Court asked Karnataka government if any festival like Ganesh Chaturthi had taken place on that land before.
Senior advocate Mukul Rohatgi, appearing for the state, replied no and said that even if it was not used in the past it does not mean the land will not be used in future for other purposes.
Rohatgi informed the court that the land was being used as a playground for children over the last 200 years. He also apprised the court about the SC judgement and said that suit before the apex court was an injunction suit but not of ownership.
"Different festivals are celebrated in different parts of the country, in Bengal, you have Durga Puja, in Delhi effigies are burnt during Dussehra in many places. Rohatgi said one should be broadminded and what is going to happen if Ganesh Chaturthi is allowed for two days," said Rohatgi.
SG Tushar Mehta urged to allow to celebrate Ganesh Chaturthi tomorrow and the day after tomorrow and said that after this time the land will be vacated.
Senior advocate Dushyant Dave referred to the Babri issue and said the then Uttar Pradesh Chief Minister gave an undertaking to this court but the Babri mosque was still demolished.
Dave also said Under Section 3 of the Places of Worship Act and there is an absolute bar against the conversion of use of religious land for any other religion.