Ganesh Row: In a late-night hearing, the Karnataka High Court grants permission to perform Ganesh Puja at Hubballi Idgah Maidan on Ganesh Chaturthi. The court revised its earlier decision dismissing the plea of the Muslim side.
While dismissing the plea, the court said that it is clear from the earlier judgments that the property is owned by the government and "the petitioner has taken the property on lease to be used only on two occasions. The government has the right over the said property," said the high court in its order.
In a similar case, the Supreme Court, however, ruled differently. The Supreme Court said that Ganesh Chaturthi celebrations will not be held at Bengaluru's Idgah Maidan, while refusing to grant permission for the function and ordered status quo on land by both parties.
Noting that no such function as Ganesh Chaturthi was organised at Idgah Maidan for the past 200 years, the top court asked the parties to approach the Karnataka High Court for the resolution of the dispute.
In a special hearing held at 4:45 pm, a three-judge bench headed by Justice Indira Banerjee observed that the pooja be held somewhere else.
"The writ petition is pending before the Single Bench of the High Court and has been fixed for hearing on September 23, 2022. All questions/issues may be agitated in the High Court.
"In the meanwhile, status quo, as of date, with regard to the land in question shall be maintained by both the parties. The special leave petitions are, accordingly, disposed of," the bench also comprising Justices Abhay S Oka and M M Sundresh said.
The top court was hearing an appeal filed by the Central Muslim Association of Karnataka and Karnataka Waqf Board challenging the order of the High Court.
A division bench of the Karnataka High Court on August 26 permitted the state government to consider and pass appropriate orders on the applications received by the Deputy Commissioner of Bengaluru (Urban) seeking the use of Idgah Maidan at Chamarajpet.
Earlier in the day, Chief Justice of India U U Lalit constituted a three-judge bench to hear a plea by the Karnataka Waqf Board and Central Muslim Association of Karnataka challenging the High Court's order which allowed the use of Idgah Maidan in Bengaluru for Ganesh Chaturthi celebrations.
The order came after a two-judge bench of Justices Hemant Gupta and Sudhanshu Dhulia referred the issue to CJI citing a difference of opinion.
Senior advocate Kapil Sibal, appearing for the petitioner, submitted before the three-judge bench that it is an admitted position that no religious function has been performed of any other community at the Idgah Maidan for the last 200 years.
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