SC refuses to grant permission for Ganesh Chaturthi celebrations at Idgah Maidan in Bengaluru

A three-judge bench headed by Justice Indira Banerjee asked the parties to approach the Karnataka High Court for the resolution of the dispute

The Supreme Court on Tuesday ordered status quo with regard to use of land at Bengaluru's Idgah Maidan, suspending the Karnataka government's proposal to permit Ganesh Chaturthi festival over there for two days.

A bench of Justices Indira Banerjee, Abhay S Oka and M M Sundresh noted that for 200 years, no such festival was organised over there. The two-acre land is claimed as Waqf property by the Muslim side.

"For 200 years, it was not done, you also admit, so why not maintain status quo?" the bench told the state government as well as the Karnataka Waqf Board and others.

After conducting a special hearing for two hours, the court ordered the parties to raise their issues before the High Court's single judge which was already seized of the matter. It also told the Hindu community to conduct its festival elsewhere.

A three-judge bench was constituted to take up the matter after a two-judge bench of Justices Hemant Gupta and Sudhanshu Dhulia differed on the issue of use of Idgah Maidan for Ganesh Chaturthi festival, beginning Wednesday.

The Karnataka Waqf Board as well as the Central Muslim Association of Karnataka challenged the validity of the High Court's division bench order of August 26 which permitted the state government to consider and pass appropriate orders on the applications received by the Deputy Commissioner of Bengaluru (Urban) seeking use of Idgah Maidan at Chamarajpet.

Questioning the validity of the order, senior advocate Kapil Sibal said the petitioners are in possession of the land since 1871 and the opposite parties were restrained from entering it way back in 1964 by this court. "Courts can't force me to allow use of my property by somebody else," he said, referring to a suo motu FIR lodged by police on threat issued to raze down structure over there in Babri demolition anniversary.

Senior advocate Dushyant Dave also appearing for the petitioners, said, "I wonder if any temple in the country ever allowed performing namaz in its premises."

Senior advocate Mukul Rohatgi, appearing for the Karnataka government, maintained the petitioners were never granted exclusive possession or ownership on the property. He said like in other parts of the country during Durga Puja and Dandia, the land here also can be used for Ganesh Chaturthi festival.

Rohatgi also cited a 2006 agreement entered into by all political parties and others which allowed use of the land for festivals like Dussehra, Shivratri, etc. on the land in question.

Solicitor General Tushar Mehta said the state government wanted to give permission for the festival for two days only with an assurance that there would not be any permanent structure.

On this, Dave said Uttar Pradesh Chief Minister (Kalyan Singh) once gave an undertaking to this court and the Babri mosque was demolished.

Sibal, for his part, said no irreparable injury would be caused to anyone if festival was not allowed over there. "Children can play on the ground, Republic and Independence day function can be held but no other religious community ceremony could be allowed as it will have consequences," he said.

Dave also submitted that under Section 3 of the Places of Worship Act, there is an absolute bar against conversion of use of religious land for any other religion.