BREAKING| Karnataka High Court Refuses To Stay Ganesh Chaturthi Celebrations At Idgah Ground At Hubbali-Dharwad

The Karnataka High Court on Tuesday night refused to stay the permission granted by the Dharwad Municipal Commissioner to certain Hindu organizations for performing Ganesh Chaturthi rituals at Idgah ground at Hubbali-Dharwad.

After a hearing held from 10 PM at the chambers of Justice Ashok S Kinagi, the Court refused interim relief to the petitioner Anjuman-E-Islam to stop the Ganesh Chaturthi festivals at the Idgah ground.

The Court noted that the title of the property in dispute belonged to the Dharwad Municipality and that the petitioner was only a licensee of the plot, having permission to offer namaz only on Ramzan and Bakri Id. The Court rejected the argument of the petitioner that the property is covered under the Places of Worship Act 1991, noting that the ground is used for activities like vehicle parking and vending. Also, no record has been produced by the petitioner to show that the property has been declared as a place of worship.

The Court further said that the status quo order passed by the Supreme Court in respect of the Idgah ground at Chamrajpet in Bangalore cannot be applied to the present case, as in the Chamrajpet case, there was a title dispute; however, in the instant case, the petitioner was not denying the title of the Municipality.

It noted that there is no title dispute and thus the petitioner is not entitled for the benefit of interim order passed by the Supreme Court.

"As such, the prayer for interim relief sought by the petitioner does not deserve merit and the same is rejected", the bench stated in an order dictated around 11.30 PM.

The petition was filed by Anjuman-E-Islam challenging the order passed by the Municipal Commissioner allowing Hindu organizations to install Lord Ganesha idols at the idgah ground tomorrow for Ganeshotsav. The Court noted that the said order was passed by the Commissioner based on a decision of the Committee of the Corporation. Permission has been granted for celeberating Ganesh festival subject to certain conditions.

The Court noted that the order has been passed by the Commissioner invoking powers under the Karnataka Municipal Corporations Act and that the petitioner has not shown any illegality in the order.

Earlier today, the Supreme Court had ordered status quo against the State's move to allow Ganesh Chaturthi rituals at the Idgah ground in Charajpet in Bangalore.

What happened in the hearing

The petitioner submitted that idgah maidan and falls within Places of Worship act and that the authorities have no right to convert any place of worship.

Additional Advocate General Dhyan Chinappa, appearing for the Municipal Commissioner, disputed that the petitioners had any right or title over the land. Referring to an order passed by a civil court in a suit filed by private parties, the AAG said that it has been declared that public has right to use the land. The civil court's order has been confirmed in appeal by the High Court and the Supreme Court.

"Here there is no dispute on title and possession. They only have right to conduct namaz for two days on Ramzaan and bakri eid. The property is in exclusive possession of the corporation. The right of corporation to utlisise the way it wants is there. Ultimately what was given was a license and not title. Commissioner has passed this order on taking account all factors", the AAG submitted.

The AAG said that the State will ensure that law and order is maintained. "Celebration of Ganesha should not be taken so strictly. It is a community function and everyone is welcomed. Members of other community should also ensure that they don't interefere in others' functions", the AG said.

The petitioner's counsel submitted that it is the first time that Ganesh festival is proposed to be held there. "I am not saying they don't have right or power. It is their property but not at this time", the petitioner's counsel said.

Assistant Solicitor General MB Nargund submitted that the Supreme Court's order cannot be a precedent for this case, as in Chamarajpet land, nothing was done for 200 years. However, in the land in this case, there are markets, vehicle traffic etc.