BENGALURU: Chamarajpet Idgah ground here is actually a "public property" and the legal fight over its ownership will continue in the courts, Karnataka Revenue Minister R Ashoka said on Tuesday, following the Supreme Court refusing to grant permission for Ganesh Chaturthi celebrations there, and ordering status quo.
He said the government will abide by the court order.
"People of Chamarajpet and Bengaluru were eager to celebrate Ganesha festival at the ground, but the Supreme Court has ordered status quo. We will fight legally in the courts, in the days to come," Ashoka said.
The ground is currently under the control of the state Revenue Department.
The Supreme Court on Tuesday refused to grant permission for Ganesh Chaturthi celebrations at Idgah ground and ordered status quo on land by both parties.
A three-judge bench headed by Justice Indira Banerjee asked the parties to approach the Karnataka High Court for the resolution of the dispute.
The top court was hearing an appeal filed by the 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 ground at Chamarajpet.
Chamarajpet Nagarikara Okkoota Vedike, a citizens' forum, that wanted to organise the festival at the ground said they will abide by the order, but will fight the ownership issue legally.
"After the Supreme Court order there is no question of installing Ganesh idol there (Idgah ground), the government will also not allow it. Everyone has to obey the Supreme Court order," Ramegowda of Chamarajpet Nagarikara Okkoota Vedike said.
However, Karnataka State Board of Auqaf Chairman Moulana Shafi Saadi in New Delhi said, the Supreme Court order is a welcome one, as it doesn't allow attempts to disturb Hindu-Muslim unity, because of Chamrajpet Idgah ground issue.
"The Supreme Court has upheld the Places of Worship Act of 1991 and has ordered status quo. I want to tell Hindu brothers that Karnataka's Muslims are not against Ganesha festival celebrations, Islam does not preach opposing other's religious practices," he said, maintaining that Idgah is a Waqf property where Muslims have performed Namaz for 200 years.
Police have made tight security arrangements in and around Idgah ground at Chamarajpet, ahead of the Supreme Court hearing the matter today and had even held a "route march".
A Division Bench of the High Court of Karnataka on August 26 had modified an interim order of a single judge bench on the Chamrajpet Idgah playground dispute, saying religious and cultural activities can be allowed by the government there, but for a limited period from August 31.
Earlier, the court on August 25 had ordered that the two-acre land should be used only as a playground and Muslims should be allowed to pray there on only two festivals -- Bakrid and Ramzan -- till the case was disposed of.
The Joint Commissioner (west) of the Bruhat Bengaluru Mahanagara Palike (BBMP) had recently ruled that the property belonged to the Revenue Department following the civic body's Chief Commissioner's directions to verify the ownership of the land.
However, the Karnataka State Board of AUQAF and District Waqf Officer, Bengaluru challenged the order of the Joint Commissioner before the Single Judge of the HC.
The original property dispute dates back to 1955 and the Supreme Court had ruled in favour of the Waqf in 1965.
The decades-old dispute over Idgah Maidan had once again come to the fore earlier this year, when some Hindu outfits sought BBMP's permission to hold events there.
This resulted in two contrary sets of documents emerging -- the Karnataka State Board of Auqaf presented a 1965 gazette notifying the land as Wakf property and the 1974 City Survey records and all other civic records thereafter showed the land to be a playground.
In the meantime, following the BBMP order, several Hindu organisations announced they would celebrate Independence Day on the ground.
Also, local Congress MLA B Z Zameer Ahmed Khan had announced they would go ahead and hoist the tricolour there.
However, the State Revenue Department organised the Independence Day event and an assistant commissioner-rank official hoisted the flag on August 15 for the first time at the Idgah ground.
the Chamarajpet citizens' forum, a group that wanted to organise the festival there on Tuesday said they will abide by the order, but will fight the ownership issue legally.
They said they will not install Ganesha idol anywhere else this time, as their goal was to do it at the ground, and shall wait for that day to come.
"After the Supreme Court order there is no question of installing Ganesh idol there (Idgah ground), the government will also not allow it. Everyone has to obey the Supreme Court order," Ramegowda of Chamarajpet Nagarikara Okkoota Vedike said.
Speaking to reporters, he said, people had expected to celebrate the festival at the ground this time, but are now naturally "disappointed".
"But, we will not stop, we will fight legally. The Supreme Court has not decided on the ownership of the land, it has asked to maintain the status quo. Even if the government don't come forward to fight this case, we will appoint an advocate and fight the case to prove that Waqf board doesn't have ownership of the land and will install Ganesha idol there some day," he added.
The Supreme Court on Tuesday refused to grant permission for Ganesh Chaturthi celebrations at Idgah Maidan and ordered status quo on land by both parties.
A three-judge bench headed by Justice Indira Banerjee asked the parties to approach the Karnataka High Court for the resolution of the dispute.
The top court was hearing an appeal filed by the 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.
Karnataka State Board Of Auqaf Chairman Moulana Shafi Saadi in New Delhi said, the supreme court order is a welcome one, as it don't allow attempts to disturb Hindu-Muslim unity, because of Chamrajpet Idgah ground issue.
"The Supreme Court has upheld the Places of Worship Act of 1991 and has ordered status quo. I want to tell Hindu brothers that Karnataka's Muslims are not against Ganesha festival celebrations, Islam does not preach opposing other's religious practices," he said, maintaining that Idgah is a Waqf property where Muslims have performed Namaz for 200 years.
Police have made tight security arrangements in and around Idgah ground at Chamarajpet, ahead of the Supreme Court hearing the matter today and had even held a "route march".
A Division Bench of the High Court of Karnataka on August 26 had modified an interim order of a single judge bench on the Chamrajpet Idgah playground dispute, saying religious and cultural activities can be allowed by the government there, but for a limited period from August 31.
Earlier, the court on August 25 had ordered that the two-acre land should be used only as a playground and Muslims should be allowed to pray there on only two festivals -- Bakrid and Ramzan -- till the case was disposed of.
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.
Sibal said Idgah is Waqf's property and there is an attempt to change the character of Maidan.
"The Supreme Court judgement established that Muslims were in possession and that it was an Idgah and that the municipal corporation had no right over the same. 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 Bruhat Bengaluru Mahanagara Palike ground?" he said.
At this, the bench asked, "If the grievance is only against Ganesh Chaturthi or any other function as well."
Sibal replied that they have an objection against the use of the land for any other purpose.
Senior advocate Dushyant Dave, also appearing for the petitioners, argued that Muslims have the right to administer their waqf property and the state government cannot interfere.
"My lords, don't give the impression to religious minorities that their rights can be trampled," he said.
Senior advocate Mukul Rohatgi, appearing for the state government, said that for the past 200 years, the Idgah land was used as a playground for children and all revenue entries are in the name of the State.
He said the Waqf Board is not in "exclusive possession" of the Idgah land.
"What is that the High Court has done? Every part of this country you have festivals. In Bengal, you have Durga Puja, in Maharashtra, roads are closed for Ganesh Chaturthi. One should be broad-minded. What is going to happen if Ganesh Chaturthi is allowed for two days," he submitted adding that "Can somebody say no because it is a Hindu festival?" Dave suddenly got up and asked.
"I wonder if, in any temple in this country, a minority community will be allowed for prayers."
Solicitor General Tushar Mehta, also appearing for the State, made a proposal to allow Ganesh Puja for two days and said the rest of the issues can be decided later.
Mehta said the state government would undertake to take care of the law and order situation in the area.
Dave again interjected and said, "Uttar Pradesh Chief Minister had also given an assurance to this court but Babri mosque was still demolished."
The apex court sought to know if any preparations have been done at the land for the celebrations tomorrow.
Rohatgi replied negatively.
The division bench of the high court had said that religious and cultural activities can be allowed by the government there, but for a limited period from August 31.
The Single Judge had ordered that the 2-acre of land should be used only as a playground and Muslims should be allowed to pray there on only two festivals- Bakrid and Ramzan- till the case was disposed of.
The Hindu organisations sought permission for holding the Ganesh Chaturthi festival at the maidan.
The Joint Commissioner (west) of the Bruhat Bengaluru Mahanagara Palike (BBMP) had ruled that the property belonged to the Revenue Department following the civic body's Chief Commissioner's directions to verify the ownership of the land.
However, the Karnataka State Board of AUQAF and District Waqf Officer, Bengaluru challenged the August 7 order of the Joint Commissioner before the Single Judge, who had ordered the status quo.