In a late evening hearing, the Supreme Court of India ordered that the status quo, of over 200 years, be maintained at Idgah Maidan of Chamrajpet, Bengaluru.
The panel in its order implied that Ganesh Chaturthi puja will not take place at the Idgah Maidan, this year.
It also transferred the case back to a single judge of the high court, to be decided on merits while disposing of the Special Leave Petition (SLP).
The three bench judge of the apex court was hearing a plea against the Karnataka high court’s order to allow Ganesh Chaturthi festivities in the Idgah Maidan of Chamrajpet.
The case was referred to the panel due to a difference of opinions between the roster bench, comprising Justice Hemant Gupta and Justice Sudhanshu Dhulia, and a conclusion could not be reached.
“The consensus among the Bench couldn’t be established. Let the matter be listed before the Hon’ble Chief Justice of India. Liberty granted to parties to mention the matter,” the two-member had bench observed.
During the hearing, senior advocate Kapil Sibal who is appearing for the Muslim community argued that the land belonged to them for over 200 years. “This is the first time that the municipal corporation has challenged the title of the land,” Sibal said.
The matter is currently being heard by a three-member judge – Justice Indira Banerjee, Justice A S Oka and Justice M M Sundresh – hearing petitions filed against the Karnataka high court’s order. The HC had permitted to allow Hindus to conduct Ganesh festivities starting from August 31.
Senior Advocate Dushyant Dave appearing for the Waqf Board pointed out that if the matter is not heard today (August 30), the status quo of 200 years will be disturbed.
Ganesh Chaturthi is a ten-day Hindu festival that started on August 31.
Ganeshotsav to be celebrated in Hubballi maidan
Meanwhile, in a similar case in Hubballi, the Karnataka high court has quashed the petition of the Muslim body – Anjuman E Islam Trust – who had challenged the municipal corporation’s decision to celebrate Ganesh Chaturthi at the Idgah Maidan in Hubballi.
According to a report by The Indian Express, the Hubballi-Dharwad municipal corporation mayor, Iresh Anchatageri said that a majority voted in favour of celebrating the festival on the Idgah Maidan.
“Out of 39 representations received by a house panel that was set up to decide on the matter, 28 were in favour of permitting a Ganesh pandal in the maidan while 11 were against it,” the mayor said.
