New Delhi, Aug 30 : After hearing a number of arduous arguments during the hearing, the Supreme Court on Tuesday told the Karnataka government to preserve the current situation at the Idgah Maidan in Bengaluru’s Chamarajpet and added that the Ganesh Chaturthi Puja could be held in a different location instead.A bench of Justices Indira Banerjee, Abhay S.Oka and M.M.Sundresh declared: “The writ petition is being heard by the sole bench of (Karnataka) High Court and will be heard by the High Court on hearing on September 23rd 2022.All issues or questions can be discussed in the High Court.
In the meantime, status as of the date of this announcement, with regard to the land in the dispute will remain in effect by both parties.Special leave petitions will be, consequently to be disposed of.”
The supreme court ruled for more than two hours following normal working hours, when Chief Justice U.U.Lalit sent the matter to a 3-judge panel headed by Justice Banerjee.
The bench orally informed Solicitor General Tushar Mehta, who represents the Karnataka government, “You have the puja elsewhere.You must return to the high court.”
The Karnataka Waqf Board argued before the highest court that these religious celebrations have not been celebrated in the area “for more than 200 years”.The petitions were brought by The Central Muslim Association of Karnataka and the Karnataka State Board of Auqaf against the Karnataka government and other.
At the heart of the issue was a crucial issue: who owns this land whether it is either the state government or Waqf Board? Mehta stated that the revenue officer claimed that the land was of the control of the state government.Senior lawyers Kapil Sibal and Dushyant Dave, who represent the petitioners, resisted this proposal.
Senior Advocate Mukul Rohatgi, who is representing the state government together with Mehta, said it’s an open 2 acre area which is not a mosque and should it be a mosque there are two days when Ganesh Chaturthi is celebrated what is the stigma? Sibal claimed that it is an Idgah, not an actual mosque.
Dave said he was curious whether any of the temples in the country has ever allowed prayers from a minority religions on their premises.He said that in Section 3 of Places Of Worship Act There is a definite prohibition against the conversion of the use of the land of worship for any other faith, and it was affirmed by a 5-judge bench.
The petitioners also claimed that no religious celebration of any other religious community is being held on the land in the dispute, and that it is declared waqf property in accordance with the law.”Suddenly in 2022, they claim that the land is disputed and they’d like to host Ganesh Chaturthi festival,” counsel said.
The counsel for the state government stated that there will not be a permanent structure constructed on the land , and the temple managed by the government will be hosting the festival for two days and government officials will be in charge of the law and law and order issues.
Dave told me: “The then CM of UP also provided an assurance in the Babri Masjid case.You’re aware of what transpired there.”
Rohatgi stated that the area was used as a play area for children.He also said that in Delhi, Dussehra effigies are lit everywhere, how can people say that this isn’t a Hindu festival? He insists that we need to be more open-minded and what happens should Ganesh Chaturthi be allowed to last for two days?
Sibal mentioned an FIR was filed earlier this month on a complaint which stated there was a dispute between Muslim and Hindu community, and that the land in dispute belongs to the Revenue Department.”Your Lordships must put an end to this,” said Sibal.
During the hearing the bench noted that for 200 years there was no other religious activity conducted on the area in the dispute and why should it not be the status as it is? “For 200 years, if there was nothing observed was to be so,” said the bench.
The Supreme Court was told that “the Karnataka government has allowed Ganesh Chaturthi celebrations to take place at the Idgah Maidan in Bengaluru for tomorrow and the day following”.
The petitioners had approached to the Supreme Court challenging the Karnataka High Court decision that allowed Ganesh Chaturthi celebrations to be held at Idgah Maidan in Bengaluru’s Chamarajpet.
The matter was referred three judges following a “difference of opinion” between the two judges, justices Hemant Gupta as well as Sudhanshu Dhulia.
This week the high court granted permission to host Ganesh Chaturthi celebrations at Idgah Maidan in Bengaluru’s Chamarajpet.The court stated that the government could make the initiative to allow the celebrations to take place in the field.
The court ruled when the state’s government filed an appeal against the interim order of August 25 to keep the status as it was.The court rescinded the interim order and permitted the state government to review and issue appropriate orders on applications seeking the use of the area in question for the purpose of holding religious and cultural events for a specific time period beginning August 31 until.
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