Karnataka Waqf Board Moves Supreme Court Against Allowing Ganesh Chaturthi Rituals At Idgah Maidan In Bengaluru

The Karnataka State Waqf Board has approached the Supreme Court challenging the recent order passed by the High Court permitting of Ganesh Chaturthi rituals to be held in the Idgah Maidan at Bangalore.

The matter was mentioned as an urgent one by Senior Advocate Kapil Sibal who highlighted that the Supreme Court, in 1964, had stated that the municipal corporation of Bangalore had no right over the same.   

He said that–

"The single judge granted status quo, division bench next day said that anybody can perform anything. Unnecessary tension will be created, we do not want that..."

Accordingly, the bench led by CJI Lalit stated that–

"Subject to the removal of defects during the course of the day, let this Special Leave Petition be listed before the appropriate Court for admission tomorrow."

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 the land in question (Idgah Maidan) for holding religious and cultural activities for a limited period from 31.08.2022 onwards.

Earlier, before the Karnataka High Court, the state government had filed an 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.

This was modified by the division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty, which had stated that–

"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...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."