Karnataka High Court Permits Govt To Use Idgah Maidan For Religious & Cultural Activities For Limited Period

A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty while hearing an intra court appeal filed by the government said,

"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."

It added, "We therefore, at this stage, in the peculiar facts of the case, modify the interim order dated 25.08.2022 and permit the State Government to consider and pass appropriate orders on applications received by the Deputy Commissioner seeking use of the land in question for holding religious and cultural activities for a limited period from 31.08.2022 onwards."

The state government had filed the appeal questioning the interim order passed by the Single judge bench on August 25, in the petition filed by Karnataka State Board of Waqf, wherein it had restrained the parties from using the subject land for any other purposes other than the following purposes:

(i) The State Government / BBMP are permitted to celebrate Independence Day and Republic Day on the subject land. (ii) The subject land can be continued to be used as a public playground. (iii) The members of the Muslim community can continue to offer prayers on the subject land on the days of Ramzan and Bakrid festivals, however are not permitted to offer prayers on any other day.

Advocate General Prabhuling K Navadgi appealing for the government had submitted that there is a dispute with regard to title of the land in question and the Deputy Commissioner, Bangalore City has received as many as five applications from various organisations seeking permission to use the land in question on 31.08.2022 for a limited period for the purpose of holding religious and cultural activities and the State Government be permitted to take appropriate decision on the aforesaid application.

Senior Advocate Jayakumar S Patil for the board had contended had opposed the plea.

The bench on going through the records and considering the submission said, "It appears that there is a dispute with regard to title of the property in question. It is also noteworthy that the respondent No.1 against the order impugned in the writ petition dated 06.08.2022 passed by the Joint Commissioner, BBMP had approached the Waqf Tribunal along with an application seeking an ad interim relief. The Waqf Tribunal by an order dated 12.08.2022 issued emergent notice on the main application as well as I.A. seeking ad-interim order and made the notice returnable by 02.09.2022. However, the respondent No.1 filed a memo on 17.08.2022 and withdrew the aforesaid proceeding and thereafter the writ petition was filed seeking the relief of quashment of order dated 06.08.2022."

Following which it passed the interim order. The bench also clarified that the rest of the directions contained in the order dated 25.08.2022 passed by the Single Judge remain unaltered. "It is also clarified that the observations / findings have been made in this order only for the purpose of considering the prayer for interim relief and shall have no bearing on the merits of the matter either in this appeal or in the writ petition pending before the learned Single Judge."

The board had approached the single judge bench challenging the order dated 06.08.2022 passed by the Joint Commissioner, BBMP, by which prayer made to digitise or computerise the land in its name i.e., measuring 2 acre and 5 guntas in Sy.No.40 in Chamarajpet, Bangalore was rejected.

Case Title: State of Karnataka v. The Karnataka State Board of AUQAF

Case NO: WA 809/2022

Appearance: Advocate General Prabhuling K Navadgi a/w AGA S S Mahendra for appellant; Senior Advocate Jayakumar S Patil for Advocate Ajesh Kumar S for cavetor respondents; Advocate Srinidhi V for R 3, 4

Click here to read/download the order