Thread by @LawBeatInd

BREAKING: Due to difference in opinion before another bench, Sr. Adv. Dave mentions this case before #CJI led bench now.
Sr. Adv Kapil Sibal says in 2022, "they wake up and say they have to perform it (Ganesh Chaturthi)"
"Everything will be lost," says Dave

https://twitter.com/LawBeatInd/status/1564473929737342976

The #CJI led bench is now hearing the case. Bench says it is appropriate for this to go before a 3-judge bench which does not include Justice Dhulia (having been party to it earlier).
#CJI says the case can be put up in a few minutes by another bench which may be constituted.

The bench has risen, has communicated to the lawyers that it intends to come back in a few minutes to check if other judges are available to hear this.
Dave says this is an extraordinary case and he is willing to attend the hearing at the judges residence as well. #SupremeCourt

BREAKING: Bench constituted to hear case concerning Idgah Maidan, to be heard at 4.35 pm #SupremeCourt #GaneshChaturthi2022

Bench headed by Justice Indira Banerjee to commence shortly. Other judges who are hearing the issue concerning the Idgah maidan are Justice Abhay Oka and Justice M. M. Sundaresh #SupremeCourt #GaneshChaturthi

Kapil Sibal for Waqf board: Admitted position that no religious function has been performed on Idgah property for 200 years and it is covered by a 1964 judgment in which injunction was granted in our favour against Municipal Corporation. #SupremeCourt #GaneshChaturthi

Kapil Sibal: The property in question has been declared as Waqf property and once it is declared to be a waqf, it is deemed so. No one has challenged it till date. Suddenly, they say it is disputed so they want to perform #GaneshChaturthi
#SupremeCourt

Kapil Sibal for waqf board says the property belongs to waqf board by notification dating back to 1965. He says that the notification is binding on the government. #SupremeCourt

Kapil Sibal reads Karnataka HC order which ordered status quo on the Idgah Maidan land, i.e. prohibition on its use to perform any religious activity except Ramzan prayer and Bakrid Prayer. He now reads Division bench order which set it aside #SupremeCourt #GaneshChaturthi

Kapil Sibal for Waqf Board reads order which modified earlier order of Karnataka HC, allowing holding of religious and cultural activities on Idgah Maidan. "So the 200 year old practice is sought to be changed! Suddenly they wake up! in 2022!", he says #SupremeCourt

Bench: Religious activities allowed to perform earlier on Idgah Maidan?
Sibal: Never, Never!
#SupremeCourt

Bench: Is your grievance against the proposed festival (#GaneshChaturthi) tomorrow or thereafter as well?
After all it is a land!
Sibal for Waqf Board: It is an Idgah Land, grievance is for thereafter as well.

Kapil Sibal for Waqf Board: An injunction was granted and was decided in our favour. A suit was then filed by muslim community.
Bench: This is with regard to this land?
Sibal: Yes, this land.
#SupremeCourt #GaneshChaturthi

Sibal reads averments, he is appearing for Waqf Board (Karnataka): Plaintiff filed suit that muslim community was in uninterrupted use of survey number 40 in Bangalore. #SupremeCourt #GaneshChaturthi

Sibal for Waqf Board reads judgment, says just because a land is vacant, it cannot be vested with the government. He says that the Idgah is mentioned in records far back as 1931 and in 1871. "So Possession and Idgah and Graveyard is established," he says #SupremeCourt

Sibal for Waqf Board: The corporation did challenge some of the Waqfs. But the Corporation never challenged that this particular land is not waqf land. Nonetheless, they still tried to interfere.
#SupremeCourt

Sibal: Their argument is that the revenue record suggests that this is corporation land.
Rohatgi intervenes: Please don't take up my arguments, the record suggests it is state property. Not corporation, STATE.
Sibal: Please don't interfere. #SupremeCourt

Sibal continues, says there was never a challenge. He is now reading a letter which says that this property belongs to Karnataka State Board, calling upon to produce documents to show why it doesn't belong to BBMP #SupremeCourt

Sibal: Where is the question of ownership when it is Waqf land? What is there to be established? #SupremeCourt

Sibal for Waqf board: How does the joint commissioner have this kind of jurisdiction anyway? To call upon to decide whether a land is waqf or not? Heavens are not going to fall if status quo is granted if it has been like this for 200 years! #SupremeCourt

Sibal for Waqf Board adds that the state government is nowhere involved. There is also an FIR which says there were people who will bring it down on December 6, anniversary of Babri Majid. #SupremeCourt

Sibal for Waqf board: some people have said that it is saffron day for us.... we will take it down.. this is the president of a hindu outfit! What is happening in this country!? #SupremeCourt

Sibal for Waqf board: We should never argue on politics and I never do, but throughout the BBMP has been fighting this case till date, state not involved #SupremeCourt

Sibal for Waqf Board: In one say they (high court) relieved the status quo order on the Idgah Maidan land #SupremeCourt

Dushyant Dave: Waqf Act 1995 overrides every other law. It is a non-obstante law and state is deluded from dealing with all waqf properties. #SupremeCourt

Dushyant Dave: If property which is waqf has been occupied by Govt, there is an obligation on government to hand it over to the waqf. They cannot touch this property #SupremeCourt

Dave: The law as it stands today says that there is No legislative power over waqf, certainly orders cannot be passed either #SupremeCourt

Dave: The learned single judge order of Karnataka HC is just (order which prohibits all religious activity except Ramzan prayer and Bakrid prayer on land). They can't do this. Dont give this kind of impression to minorities that their rights can be trampled like this!

Bench: Is Ganesh Puja ever allowed on this land?
Rohatgi: Not by the state.
Justice Oka: Even single judge has ordered modification.
Rohatgi: Still, it was a pending matter
#SupremeCourt

Justice Oka: But this land was never used before for this kind of activity (Ganesh puja).
Rohatgi: Just because it hasn't been used in the past, cannot be said that it cannot be used in the future.
#SupremeCourt #GaneshChaturthi

Rohatgi: A decision was taken by the community to celebrate festivals here. This was in 2006! One of the petitioner present here was party to it, he was jolly well aware of it. #SupremeCourt

Rohatgi: From last 200 years, this land has been used as playground by children and all revenue records correspond with state. #SupremeCourt

Rohatgi: If nobody is the owner, the land vests with the government. There is no issue there, it is common across laws and acts. The Corporation wanted to build a school on the (Idgah) land! #SupremeCourt #GaneshChaturthi

Dave: If he is wrong about facts, he is in contempt. If he is wrong he is in contempt.
Rohatgi: What? We read judgments of Supreme Court everyday and arguments are to be substantiated basis that, lets not go there #SupremeCourt

Rohatgi: The property belongs to revenue of state government. So they can file a suit... 1871 onwards, this property has been used by corporation. It is a vacant land! This should go to single judge to decide its ownership. #SupremeCourt

Rohatgi: The State govt was allowed to celebrate Republic Day and Independence Day on the Idgah land. They were happy with this! If it was their land, can anyone come and celebrate anything they want? #SupremeCourt

Bench: So the injunction against BBMP stands today?
Rohatgi: Yes, it still stands. But it is against the building of a school. The corporation wanted to build a school there.
Bench: The order says that the BBMP can't even enter this land. #SupremeCourt

Justice Oka: Can BBMP grant permission to celebrate a festival on the Idgah Land?
Rohatgi: The BBMP never said so, the State did.
The Supreme Court judgment reading by ld friend totally wrong. #SupremeCourt

Justice Sundaresh: What is the cause of action for filing suit by you ?
Rohatgi: The BBMP wanted to build a school on the Idgah land. #SupremeCourt

Rohatgi: The judgment by SC says that the onus to prove ownership is on the plaintiff. If they don't, the law that all vacant land vests with government stands! #SupremeCourt

Rohatgi: Question is, If there a graveyard in delhi or cremation ground, can I be stopped from entering? No one can anyway have exclusive ownership over a graveyard.
SG intervenes, adds that in the particular Idgah land, there is no graveyard #SupremeCourt

Rohatgi: At the end of the day position is it (Idgah land) is open ground, they are allowed prayers for two days a year and children play on the ground. Does it even establish possession? Forget title! #SupremeCourt

Rohatgi: In India, the position is, In every house, every courtyard, Durga Puja happens in Bengal. In every building, in Gujarat, Dandiya is conducted. In delhi, dushhehra is celebrated in every park. So these people NEED TO BE OPEN MINDED! #SupremeCourt

Dave: I want to ask if the minority community will be allowed to perform prayers the same way, I DARE to ask.
Rohatgi: I am not saying I want to celebrate Ganesh Puja inside Mosque!
Sibal: It is an Idgah!
Rohatgi: There is NOTHING there!
#GaneshChaturthi #SupremeCourt

Solicitor General of India: Statutory significance of section 5 of Waqf act - needs to be pointed out. Their case therein is clean chit. Ultimately this entry has no sanctity indeed because state not party..... (CONTD.)

Solicitor General of India: .... The Supreme Court judgment states that to get ownership, they have to go to civil court for title... they DO NOT GO and the entries confirm it is a government land.

Solicitor General of India: Regardless of religion, a persons' property cannot be put in jeopardy simply because property is included in list ... BUT the joint commissioner said that the land continued to be in ownership of state government #SupremeCourtOfIndia

Solicitor General of India: Any dispute between Waqf and person interested, it has to be decided by a competent court. #GaneshChaturthi #IdgahMaidan

Solicitor General of India: Who is this person interested? It is defined in the law. Person interested in waqf means any person interested .. so and so and it doesn't include the state #GaneshChaturthi #IdgahMaidan

Solicitor General of India: When the land has always remained a government property, the division bench was FULLY justified (vol. in allowing govt to consider applications seeking permission to perform Ganesh Puja at #IdgahMaidan for limited period) #SupremeCourtOfIndia

Solicitor General of India: I pray that the #IdgahMaidan be allowed to be used for Ganesh Puja for the limited period. It is an open land. I say that the land will turn back to vacant land after 1st September onwards. #SupremeCourtOfIndia

Dushyant Dave: A Chief Minister had given an assurance, yet the Babri Masjid was demolished! Keep that in mind.
Solicitor General of India: No need to shout
#SupremeCourtOfIndia #GaneshChaturthi #IdgahMaidan

Solicitor General of India: I am not saying an unidentified group of people - I am saying Government managed temple.
Bench: Govt should not manage temples. Every temple in south india is managed by government. #IdgahMaidan #GaneshChaturthi #SupremeCourtOfIndia

Solicitor General says this will be overlooked by the government, he adds that the Ganesh puja has nothing to do with permanent structures and involves visarjan. #SupremeCourtOfIndia #GaneshChaturthi #IdgahMaidan

Dushyant Dave on Places of Worship Act - says there is an ABSOLUTE bar on conversion of religious place. The SC has upheld this in Ayodhya. You can't change it like this. This is sacrosanct #SupremeCourtOfIndia #IdgahMaidan

Sibal: Why do you want to change something which has been done for 200 years? #SupremeCourtOfIndia

(Bench discusses inter-se)
#IdgahMaidan #SupremeCourtOfIndia #GaneshChaturthi

Justice Banerjee: Hold the Pooja somewhere else. Go back to the high court.
#IdgahMaidan #GaneshChaturthi #SupremeCourtOfIndia

Justice Banerjee: Hold your horses, see this as a forgiveness of Ganpathi #IdgahMaidan #GaneshChaturthi #SupremeCourtOfIndia

Justice Banerjee: There is no dearth of space, hold the Ganpathi puja elsewhere. #SupremeCourtOfIndia #GaneshChaturthi #IdgahMaidan

Supreme Court: Issues raised in the SLP may be agitated in the high court, in the meanwhile, status quo as of today with regard to #IdgahMaidan be maintained by both sides.
#SupremeCourtOfIndia

BREAKING: Order by Karnataka High Court allowing Ganpathi Puja at Bengaluru's disputed "Idgah Maidan" stayed. "Take this as forgiveness of Ganpathi, hold puja Elsewhere, go back to high court" bench orally observes and orders status quo by both sides as on date #IdgahMaidan