Tanisha Rana
Published on: August 27, 2022 at 21:29 IST
On Friday, the Karnataka High Court permitted the State government to consider seeking the use of Bengaluru’s Idgah Maidan in Chamarajpet district for cultural and religious activities for a short period of time.
The Acting Chief Justice Alok Aradhe and Justice Savanur Vishwajith Shetty of the division bench had passed the order in the State’s appeal against an interim order passed by a single-judge.
In the order under challenge, Justice Hemant Chandangoudar had only allowed the use of the Idgah Maidan as a public playground during Independence Day and Republic Day celebrations. It was used by the Muslims to offer prayers during Ramzan and Bakr-Id festivals as an interim measure.
The Division Bench had modified this order by asking the government to consider applications seeking the use of Bengaluru’s Idgah Maidan in Chamarajpet district for cultural and religious activities for a short period of time, while the dispute over the Idgah Maidan’s land was pending.
While ordering the modification, the Court said, “The Indian Society comprises, religious, linguistic, regional or sectional diversities. The Constitution of India itself fosters brotherhood amongst various sections of the Society. The principle of religious toleration is the characteristic of Indian civilization.”
The Karnataka State Board of Auqaf had filed the original petition challenging an order of Bruhat Bengaluru Mahanagara Palike (BBMP), which had refused to give the land in the board’s name while stating that the land belongs to the Revenue Department of the State.
The petitioners had argued before the court that, according to a notification from 1965 issued by the Mysore State Board of Wakfs, the land was an Auqaf property, and thus, belonged to the Board. It was stressed that only the Waqf tribunal has the power to set aside the notification.
However, the state denied the petitioners claim and instead argued that the land belonged to nobody, thereby, it was vested with the State.
Justice Chandangoudar observed that the Court needs to consider the question whether the notification issued under the Wakf Act, 1954 was binding on the State government or not. Thus, interim protection was granted on Thursday.
On the next day, the government challenged the interim order seeking permission to decide on applications seeking the use of Bengaluru’s Idgah Maidan in Chamarajpet district for cultural and religious activities for a short period of time.
The single-judge order was modified by the division bench while emphasizing that the rest of the directions passed will remain unaltered.
The modified order stated,
“It is also clarified that the observations/findings have been made in this order only for the purpose of considering the prayer for interim relief and shall have no bearing on the merits of the matter either in this appeal or in the writ petition pending before the learned Single Judge.”
Advocates appearing on behalf of the State were Advocate General Prabhuling K Navadgi along with Additional Government Advocate SS Mahendra.
Advocates appearing on behalf of the Board were Senior Advocate Jayakumar S Patil along with Advocates Ajesh Kumar S and Srinidhi V.
The case will now be heard on September 12, 2022.