The Supreme Court on Tuesday ordered status quo against the use of Idgah Maidan in Bengaluru for Ganesh Chaturthi celebrations on August 31 and September 1.
"Why can't you hold your puja somewhere else?" Justice Indira Banerjee, leading a three-judge Bench, asked the Karnataka government and the municipal corporation.
"We think there should be status quo… Especially when the land was never used for any other purpose for 200 years," Justice A.S. Oka, on the Bench, orally observed.
Justice M.M. Sundresh enquired if the authorities had made any arrangements for the Ganesh Chaturthi celebrations.
The court finally ordered status quo on the land "as on today".
The case saw a eventful train of events during the post-lunch session.
The case was originally listed before a Division Bench of Justice Hemant Gupta and Sudhanshu Dhulia. However, the Bench could not reach a consensus due to difference of opinion between the two judges. The case was referred back to the Chief Justice.
The parties made a mentioning before Chief Justice U.U. Lalit, who was about to rise after the day's work. They sought an urgent hearing in the evening itself. They even offered to have the hearing at the CJI's residence.
The Chief Justice, after enquiring whether any judges were available to constitute a Bench after court hours, zeroed in on Justices Banerjee, Oka and Sundresh. The three-judge Bench sat at 4.15 p.m. for over two hours, hearing the lawyers' arguments in court.
Senior advocate Kapil Sibal, for the Waqf Board, said the case touched on the right to religious freedom. He submitted that an attempt was on to change the character of the Idgah land. He said Article 25 and 26 of the Constitution protected the rights of minorities to administer their properties.
Senior advocate Mukul Rohatgi, for the State, countered that the Board cannot claim exclusive possession. He urged the petitioners to be more "broad-minded". "What can happen to the land in two days?" he asked.
Senior advocate Dushyant Dave, for the Board, countered that the Places of Worship Act prohibited any change in the identity of a property used for religious purposes.
Mr. Sibal said "no religious function of another faith has been performed in the property for 200 years".
A 1964 Supreme Court decision had itself identified the space as Idgah land. Prayers are offered on the land. It has also been declared a waqf property.
"The Waqf Act overrides any other law. The State is denuded of any authority to deal with waqf property… it is completely outside the State's jurisdiction," Mr. Dave submitted.
"If an injunction had been granted against BBMP (Bruhat Bangalore Mahanagara Palike) not even to enter, how can they celebrate a festival here?" the Bench asked, disposing of the special leave petition.
A Division Bench of the Karnataka High Court had permitted the State government to consider and pass appropriate orders on the applications received by the Deputy Commissioner, Bengaluru Urban, seeking the use of the Idgah maidan, Chamarajpet, for holding various religious and cultural activities for a limited period from August 31, 2022.
The interim order was passed on an appeal filed by the State government questioning the August 25 interim order passed by a Single Judge Bench, which had granted status quo.
