About jubilee hereafter, waqf board's counsel said obligatory authorization was not taken, hints at political motive" with choices due coming time"
New Delhi/ Bengaluru Ganesh Chaturthi fests at Bengaluru's Idgah Maidan won't be held, after an order of" status quo" by the Supreme Court moment on a solicitation by the Karnataka Waqf Board. This ended a impasse just in time the Hindu jubilee is hereafter and day after — as the state government was averring on giving warrants to set up pandals.
The High Court had earlier said the government could give warrants, but the waqf board went to the Supreme Court, arguing no other religious carnivals have been held there" for 200 times". The court's three- judge bench therefore ordered" status quo as of moment" at the2.5- acre ground.
A larger question is at the gob of the matter Who owns the ground, the state government or the waqf board? That remains for the High Court to decide.
Lawyer cites Babri
During the hail, the state's counsel asked for" a government- managed tabernacle" to be allowed for two days, saying" no endless structure will be erected".
At this, the board's counsel shot back," The also CM of UP also gave an assurance, in the Babri Masjid case. You know what happed there," pertaining to the 1992 obliteration of the synagogue , in place of which a Ram Temple is now coming up after a Supreme Court judgment.
" Do not give an print to religious nonages that their rights can be tromped upon," the counsel, Dushyant Dave, also told the court.
" No religious event from any other community has been held in this property. It has been declared as Waqf Property as per the law. Suddenly in 2022, they say that it's disputed land, and they want to hold Ganesh Chaturthi jubilee then," the board said.
" choices coming time"
The board also mentioned the" choices due coming time" intimating at political motives behind the government's move. choices to the megacity external pot, Bruhat Bengaluru Mahanagara Palike or BBMP, are listed in 2023.
When the court asked the state counsel, Mukul Rohatgi, if there were former cases of similar events at the Maidan, he said," That can not be the base for opposing an event now."
"In Delhi, Dussehra effigies are burned far and wide. Will people say' don't do this Hindu jubilee'? We've to be a little broadminded. In Gujarat, thoroughfares and lanes are blocked for carnivals. What's going to be if Ganesh Chaturthi is allowed for two days?" he said.
But Dushyant Dave combated ," I wonder if there is any tabernacle in this country where nonage community will be allowed to enter for prayers."
Kapil Sibal, also the board's counsel, appertained to the" suo motu FIR" of August 9 on a complaint that says" a disagreement between Muslim and Hindu community( and) the said land belongs to Revenue Department". Technically, this FIR was filed against a Hindu right- sect activist for" hanging to demolish a prayer wall at the Idgah Maidan", but Mr Sibal said it's" veritably disturbing" that" some references to Babri Masjid" were made in the complaint.
"Your lordships should stop this. What is passing then?" he further said.
Karnataka has seen some collaborative violence in recent months, which has indeed led to demands that BJP should remove Basavaraj Bommai as Chief Minister.
When judges could not agree
before in the day, the matter came up before a lower bench of two judges, but they couldn't agree with each other, so Chief Justice CJI UU Lalit listed the case before a three- judge bench — judges Indira Banerjee, AS Oka and MM Sundresh.
Commentary
The board's plea was an appeal against an August 26 order by the Karnataka High Court, which allowed the government to take a decision on the ground's use.