Thread by @LawBeatInd

🚨Can the disputed “Idgah Maidan” at Bengaluru be used for celebrating Hindu festivities? Supreme Court to consider. Karnataka’s waqf board has challenged decision of HC allowing govt to consider applications seeking permission to celebrate Ganesh Chaturthi at the Maidan

Senior Advocate Kapil Sibal appearing for the Karnataka State Board of Auqaf submits that the land with survey number.. is being used by us since last 200 years.

Bench: You are claiming the title?
Sibal: No Milords!

Bench: The order says that the property can be used for events like celebrations Republic Say, children playing...

Sibal: I have no issue with that, but for functions of other religions? Your Lordships know that what will happen. I say that this matter requires consideration.

Sibal referring to the order submitted that if the children's are using the land for playing doesn't mean that it belongs to the Corporation.

Everything thing has been established and after so many years, it's the first time when the corporation has challenged it

Sibal: We have possession since 1800s Now we are in 2022 the Government and the Corporation doesn't challenge it, the election is to happen and they suddenly challenged it in 2022.
Allowing another religious organization perform the function, Your Lordships know what will happen.

Sr Adv Dushyant Dave appeared for the petitioner referring to an order putting up an injunction on the respondents to enter in the property submitted that Milords they have been restrained from entering the land and it has been upheld by the #SupremeCourt.

Dave: "The religious practices are to be protected, there is an Eidgah that exists.
Allowing my property to be used by somebody else, how is that possible?"

"For 200 hundred years it has been in our possession, now you cannot file a suit for claiming the property," Dave added.

Bench: We are not on that issue.

Dave said, assuming the State want to claim, they can't file a suit now.

Bench: There will be many more alligations against each other, don't other things.

Sibal: There are Police FIRs filed they are saying that it's a Saffron day.

Bench: Complaint has to be filed, there are several things that are said.

Sr Adv Huzefa Ahmadi appearing for the petitioner submitted Revenue department has also challenged that is why we are restricting functions of other Religions, the National celebrations may be carried out, the use by children can carry on.
#GaneshChaturthi

Ahmadi: The impugned says that the Religious tolerance is required but its not in compliance with Article 25 & 26 (freedom to practice religion)

Bench: The issue is that admittedly you are using it for 2 days in a year.

Ahmadi: Milords, that's my choice.

Solicitor General Tushar Mehta submits that here we are dealing with an open land without any boundary.

SG Mehta: In a judgment the Court had said that for the adjudication of ownership they can move to the lower court but they never approached the court.
"My argument is that the ownership is not decided," SG Mehta.

Bench: Mr Mehta, Long standing revenue entries cannot be changed like these, if it says it is an Eidgah then it cannot be changed.

SG Mehta: The proposition is right, but the entries says that the property is SARKARI.

Mehta: Milords, For tomorrow and day after, we have permitted the land to be used, whatever the threat perception being made, the Government will ensure that nothing of that sort happen.
#GaneshChaturthi

Bench: What are you going to do?

SG Mehta: There is a #GaneshPooja

Court: But they say that it's a burial ground.

SG Mehta: No, it's near that, obviously a burial ground can't be used.

Court: We have a slight difference of opinion, we'll refer it to 3 judges bench.

The bench has posted the matter for the consideration of the Chief Justice of India.