Bengaluru Idgah Maidan: Supreme Court to hear appeal against Karnataka HC order allowing use for religious, cultural activities

The Supreme Court will hear tomorrow an appeal against the Karnataka High Court order allowing the State government to consider applications seeking use of the Idgah Maidan in Bengaluru for religious and cultural activities..Appearing for the Karnataka State Board of Auqaf, Senior Advocate Kapil Sibal argued that unnecessary religious tension would be created if the appeal was not heard tomorrow.A Bench of Chief Justice of India UU Lalit and Justice S Ravindra Bhat directed that the petition be listed for tomorrow after curing the defects. .The order under challenge was passed on August 27 by a division bench of Acting Chief Justice Alok Aradhe and Justice Savanur Vishwajith Shetty in the State's appeal against an interim order passed by a single-judge.Justice Hemant Chandangoudar had allowed the use of the Idgah Maidan only for Independence Day and Republic Day celebrations, as a public playground and use by the Muslim community to offer prayers on the days of Ramzan and Bakrid festivals as an interim measure.However, this order was modified by the division bench to the extent of asking the government to consider applications for all religious and cultural activities while the dispute to the land was pending."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," the Court had said while ordering the modification..The original petition was filed by the Karnataka State Board of Auqaf challenging an order of Bruhat Bengaluru Mahanagara Palike (BBMP) refusing to computerise the land in the Board's name, while saying that the land belonged to the State's Revenue Department.The petitioners argued that the property belonged to the Board by virtue of a notification from 1965 issued by the Mysore State Board of Wakfs which notified the land as Auqaf property. It was stressed that the same was binding on the State till it was set aside by the Wakf tribunal.The State, however, said that the notification was not binding on anyone and since the land did not belong to any person, the same was vested with the State.