Bengaluru: The Karnataka High Court in a late-night hearing on Tuesday upheld the Dharwad Municipal Commissioner’s order granting permission to hold the Ganesh Chaturthi Festival at the Hubli Idgah ground.
Justice Ashok S Kinagi, while giving his verdict, said that this property belongs to Dharwad municipality. Anjuman-i-Islam was only a lease holder for a period of 999 years at a fee of Re 1 per annum.
The order of the Municipal Commissioner was challenged by Anjuman-e-Islam in the High Court. The Hubli-Dharwad Municipal Corporation had decided to allow the installation of a Ganesh idol at the Idgah ground here. The decision was taken late Monday night after a lengthy meeting with elected representatives and officials.
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The High Court has observed that the said property belongs to the respondent and is being used for routine activities. Earlier in the day on Tuesday, the Supreme Court refused permission to celebrate Ganesh Chaturthi festival at Idgah ground in Bengaluru and ordered both sides to maintain status quo. The top court said that the Ganesh Chaturthi Festival can be observed elsewhere.
A bench of Justice Indira Banerjee, Justice AS Oka and Justice MM Sundresh said, “The writ petition is pending before a single bench of the High Court and the date of hearing is fixed for September 23.”
All questions or issues can be raised in the High Court. Meanwhile, both sides will maintain the status quo. Hence the special leave petition is disposed of.
The top court heard the matter after its regular schedule for nearly two hours. Due to differences of opinion between Justice Hemant Gupta and Justice Sudhanshu Dhulia on the matter, Chief Justice UU Lalit referred the matter to a three-judge bench headed by Justice Banerjee.
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During the hearing, the Karnataka Waqf Board said that in the last 200 years such religious festivals were not organized at the Idgah grounds. In this case, the big question is, whose ground is it, the state government or the Waqf Board? Solicitor General Tushar Mehta, appearing for the Karnataka government, quoted the revenue officer as saying that the ownership of this ground has been owned by the state government.
The decision of the Karnataka High Court was challenged in the Supreme Court. A division bench of the High Court had on August 26 allowed the state government to consider the applications received by the Deputy Commissioner (Urban), Bengaluru, seeking use of the Idgah ground at Chamarajpet in Bengaluru and pass appropriate orders.
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Will obey Supreme Court order, but will also fight legal battle: Citizens’ forum
Chamarajpet Citizens Forum, keen to celebrate Ganesh Chaturthi at the Idgah ground, on Tuesday said they are disappointed but will obey the Supreme Court’s order and fight a legal battle over the ownership of the grounds. The forum said that this time they will install the Ganesh idol elsewhere and wait for the day when they will be able to install the Ganesh idol at the same ground.
Karnataka State Board of Auqaf Chairman Maulana Safi Saadi said in New Delhi that the Muslims of Karnataka are not opposed to the Ganesh Festival, but the Idgah is the property of the Waqf where Muslims have been offering prayers for 200 years.
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