[BREAKING] No Ganesh Puja in Bengaluru Idgah Maidan as Supreme Court orders status quo in eventful late evening hearing

The Supreme Court on Tuesday ordered status quo with respect to the Idgah Maidan in Bengaluru where the State government had permitted holding of Ganesh Chaturthi celebrations tomorrow [Central Muslim Association of Karnataka v. State of Karnataka]..The order was passed by a bench of Justices Indira Banerjee, AS Oka and MM Sundresh at 6.20 pm well past the normal working hours of the Court.The bench also remanded the matter back to the single-judge of the High Court to be decided on merits."Status quo as on today to be maintained. Issues to be taken up by single-judge. SLP disposed of," the order said.The Court was hearing two appeals filed by Central Muslim Association of Karnataka and the Karnataka State Board of Auqaf (appellants) challenging a Karnataka High Court verdict. The immediate grievance of the appellants was the permission granted by the State to conduct Ganesh Chaturthi celebrations in what they claimed to be Wakf property. The hearing today was privy to heightened drama after a two-judge bench, which initially heard the matter, referred the case to a 3-judge bench without order any status quo. This was due to difference in opinion between the two judges on the bench - Justices Hemant Gupta and Sudhanshu Dhulia. This led to an urgent mentioning before Chief Justice of India (CJI) UU Lalit at 3.45 pm. The CJI then proceeded to constitute a 3-judge bench to hear the case on an immediate basis. This 3-judge bench sat after 4.30 pm..Background.The appeals filed before the apex court have challenged a division bench order of the Karnataka High Court allowing the State government to consider applications seeking use of the Idgah Maidan in Bengaluru for religious and cultural activities.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 argument was 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..Arguments today.When the matter was taken up by the 3-judge bench at 4.50 pm, Senior Counsel Kapil Sibal for the appellants, said that it is admitted position that no religious function has been performed of any other community in the Eidgah for last 200 years."In 1964 we had an injunction in our favour from Justice Hidayatullah. This is Wakf property under the Wakf Act. In 1970 also, injunction was granted in our favour. Once it is wakf, character cannot be challenged. Now under new Act, they said the wakf character is in dispute," he said.Sibal pointed out that a single-judge of the High Court had ruled in their favour."Thereafter the single-judge order was modified (by division bench). So a 200 year old character of the land is sought to be changed. Suddenly they wake up in 2022 and on what ground," Sibal said."Was any such festival held earlier," Justice Oka asked"Never," replied Sibal."So your objection to use the ground for any other purpose.. is it in relation to only one festival. Is it only for festival tomorrow that is Ganesh Chaturthi or others as well," the bench queried."No. (Objection is to) all religious festivals apart from Ramzan and Bakr eid," Sibal said.He underlined that a Supreme Court judgment had established that the land was an Eidgah and that the municipal corporation had no right over the same."After this Mysore State Board had declared this to be wakf land," he contended.Senior Adv Mukul Rohatgi appearing for BBMP, however, rebutted the argument stating,"Corporation is not the owner, it is the State government.""You cannot claim ownership till it is a Wakf property. The state of Karnataka is a party to the suit milords.. Please see page 94. So the wakf notification was never challenged at any stage. Where is the question of ownership over a wakf land when there is a declaration that it is an auqaaf?" Sibal asked..Sibal also said that the issue is not merely a property but there is a larger intent behind it."How can the Joint Commissioner say that the character of property is in dispute. Then a suo motu FIR was registered by Bengaluru police and please read what the FIR says.. I am disturbed by it. The other organisation says that it is saffron day for us on December 6 and we will bring the this place to the ground. What is happening in 2022? Your lordships must put an end to this. We don't speak of politics in court but this reeks of something. what is the atmosphere being created? Suddenly they say it is the BBMP ground," he argued..Senior Advocate Dushyant, also appearing for the appellants said that the urgency in the matter is because the State government has submitted that it will give permission for Ganesh Chaturthi for two days. "This is completely outside the jurisdiction of the state to touch this land even. What is troublesome is corporation was permanently injuncted to enter the Eidgah land and then in June 2020 corporation challenges the status. The single-judge order is eminently just. Articles 25 and 26 expressly protects rights of minorities to protect their religious properties," he contended.There is a great salutory principle behind Articles 25 and 26 and the minorities should not be made to feel that the rights were trampled upon, he added. ."Has any festival like Ganesh Chaturthi taken place in that land before?" the bench asked Senior Counsel Mukul Rohatgi."No," Rohatgi replied."For 200 years this ground was not used for any other purpose," Justice Oka remarked."But that does not mean the land will not be used in future for other religious purposes. he revenue authority order was the basis of single judge order. 15 years ago when such dispute arose, all parties, deputy commissioner and minister was also present. They agreed to allow to the land to be used for Dussehra, Ganesh Chaturthi etc," Rohatgi contended."But this meeting was only among political parties," Justice Oka pointed out."For last 200 years this land is being used as playground for children and all revenue entries are in the name of the State. The suit before the supreme court was an injunction suit and not a title suit. It did not determine the title. The land is mentioned as playground in revenue and BBMP records. It is noted to be a sarkaari land," Rohatgi said..Rohatgi also pointed out that the single-judge had allowed Republic Day and Independence Day celebrations on the land."If its in exclusive possession how can this be allowed? Can any one just walk in my property and celebrate what they want," he asked."Can the BBMP now who is injuncted to enter the land hold Ganesh puja there in?," Justice Oka pressed."State government is conducting it and not the corporation. The land is unenclosed and only two prayers are held therein," Rohatgi replied.Rohatgi also contended that while the Supreme Court judgment says that the land is being used as Eidgah and burial ground, that does not vest title of the same with the party using it as burial ground."The Supreme Court judgment says its an eidgah and burial ground. but children are playing there. How can this all happen, can I be restricted to enter a burial ground or eidgah in Delhi? Nobody can be an exclusive owner of a burial ground in the country," he said..He also highlighted how States like West Bengal, Delhi and Gujarat allow Hindu festival everywhere.."This land is an open ground. Only 2 prayers a year. Children are praying and there are shortcut footpaths. Is this title? Forget title, this is not even possession. Look at West Bengal, Durga puja is everywhere. In Delhi Dussehra effigy is burned everywhere. Will people say don't do this Hindu festival? We have to be a little broad minded. In Gujarat, streets and lanes are blocked for festivals," Rohatgi said.."I wonder if any minority will be allowed to enter the temple and pray," Dave interjected. "2 acre land is not a mosque," Rohatgi rebutted. "We all know it is an Eidgah and it is not a mosque," Sibal said.Justice Oka then intervened."Let us all cool down. It is 5:50 pm," he said..Solicitor General (SG) Tushar Mehta, representing the State government, said that the entire premise of the appellant is based on an entry in wakf register.But to establish title, they have to go to the trial court, he said."If you say that it is between mutawalli, wakf and party interested.. then now you claim that you have a right on it?" Justice Indira Banerjee asked."Yes, because state was not a party to any of the proceeding," the SG replied."In the absence of any prayer for title and when revenue authority says that it is a government property, then High Court was correct," he stated..The SG, therefore, requested that a government managed temple be allowed to hold Ganesh Chaturthi festivities."To balance equities, I pray that a govt managed temple be allowed to hold Ganesh Chaturthi for 2 days and after this time the land will be vacated. The High Court order permits us to hold more religious gatherings as well. But I am asking only for these two days," the SG said."A Chief Minister of Uttar Pradesh gave a assurance to this court that Babri mosque will not be demolished! Bear this in mind," Dushyant Dave said..The petition by the appellants was filed through advocates Lzafeer Ahmad and Nizam Pasha. [Read order]