Breaking: Idgah Maidan: Supreme Court DB Refers Matter To CJI Owing To Difference Of Opinion; Justices Indira Banerjee, Abhay Oka And MM Sundresh To Hear The Matter NOW

The matter relates to the recent Karnataka High Court order wherein a division bench of the court modified a single judge bench order and permitted the State government to consider and pass appropriate orders on applications received by the Deputy Commissioner seeking use of Idgah Maidan for holding religious and cultural activities for a limited period from August 31, 2022 onwards.

Today, a Bench comprising of Justices Hemant Gupta and Sudhanshu Dhulia, in the order, observed,

"….consensus among the Bench couldn't be established. Let the matter be listed before the Hon'ble Chief Justice of India. Liberty granted to parties to mention the matter."

During the hearing, Senior Advocate Kapil Sibal appearing for the petitioners argued that Muslim community had been in possession of the land for over 200 years. It was for the first time that the Municipal corporation challenged the title of the land this year.

"Possession established, burial ground established, use established. Since 1831. After all this Municipal Corporation challenges it for the first time in 2022."

Further, he submitted that the community was to open to Republic Day celebrations but not the celebrations of another religious organization.

Senior Advocate Dushyant Dave submitted that the Advocate General of Karnataka had submitted that there's a dispute with regard to title of property before the Division Bench of the Karnataka High Court.

"But you cannot file a suit for possession now. I have it in my possession for 200 years….Would a muslim community ever be permitted to celebrate in a hindu religious ground?"

Senior Advocate Huzefa Ahmadi argued that the Division Bench of the High Court had stated that religious tolerance is required and therefore, the land must be thrown open. But that's not within the spirit of Articles 25 and 26, he said.

At this point, Justice Gupta commented,

"Admittedly, your difficulty is, you (Muslim community) are using the ground only for 2 days."

"That's not the issue. I can have religious congregation on all days in a year. That's my choice", Ahmadi said.

Solicitor General Tushar Mehta, appearing for the State government submitted that till this stage, title was never gone into by any competent forum.

Turning to him, Justice Dhulia stated,

"You know the law very well, Mr. Mehta. Long standing revenue entries cannot be disturbed like this."

"It's in my favour. Long standing revenue entries show that its sarkari land", SG Mehta replied.

"Merely because it's an open land, it does not become government land, otherwise it's against what this court has observed", Justice Dhulia reminded.

As the hearing drew to a close, SG Mehta submitted that the Ganesh Utsav festivities would be conducted only for two days and then everything would get back to normal.

"Lands are permitted to be used for only two days. It would be Ganesh utsav festivities….. After that, it will continue to be a playground."

"Has Ganesh Utsav been practised in this land before?", Justice Dhulia asked, to which the petitioners in chorus said, "Never".

Owing to the difference of opinion between the judges, the Bench allowed the parties to mention the matter before the Chief Justice of India, U.U Lalit .

CJI Lalit said,

"We will get back to you and tell you whether we can constitute a bench or not."

Later, informed that the matter would be heard by Justices Indira Banerjee, Abhay Oka and MM Sundresh.

Case Title: SLP (C) No. 15155/2022 Iv-A The Central Muslim Association Of Karnataka Versus The State Of Karnataka And Ors

Click here to read/download the order