BENGALURU: A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty of the Karnataka high court on Friday modified the interim order of the single judge that the status quo be maintained at Chamarajpet Idgah Maidan, permitting the state government to consider and pass orders on applications received by the Deputy Commissioner seeking to use the land for religious and cultural activities for a limited period from August 31, 2022.
“The Constitution of India itself fosters brotherhood amongst various sections of the society. The principle of religious tolerance is a characteristic of Indian civilization. We, therefore, at this stage, in the peculiar facts of the case, modify the interim order,” the court said. But the court clarified that the rest of the directions in the interim order remain unaltered, and added that the observations or findings should have no bearing on the merits of the matter either in this appeal or in the writ petition pending before the single judge.
The single judge on Thursday passed the interim order to maintain the status quo regarding the Idgah Maidan, and permitted the state government and BBMP to use the land as a playground, and celebrate Republic Day and Independence Day. The Muslims use it for two days a year - Ramzan and Bakrid.
Before the single judge, the petitioners have challenged the order passed by the BBMP Joint Commissioner on August 6, 2022, rejecting the application filed by the petitioner to register khata of the property measuring 2 acres 5 guntas lands in survey No.40 in the name of Karnataka State Wakf Board. A day after this single judge’s interim order, the state government moved the court by filing an appeal.