The Supreme Court Tuesday refused to grant permission for Ganesh Chaturthi celebrations at Idgah Maidan in Bengaluru and ordered status quo on land by both parties.

A three-judge bench headed by Justice Indira Banerjee asked the parties to approach the Karnataka High Court for the resolution of the dispute.

"The issues raised in the Special Leave Petition may be agitated by both parties before the High Court. In the meanwhile, the status quo as of today will be maintained by both sides. SLP is disposed of," the bench also comprising Justices Abhay S Oka and M M Sundresh said.

The top court was hearing an appeal filed by the Karnataka Waqf Board challenging the order of the High Court.

A division bench of the Karnataka High Court on August 26 permitted the state government to consider and pass appropriate orders on the applications received by the Deputy Commissioner of Bengaluru (Urban) seeking the use of Idgah Maidan at Chamarajpet. 

During the hearing, Senior Advocate Kapil Sibal appearing for the petitioners argued that the Muslim community had been in possession of the land for over 200 years. It was for the first time that the Municipal corporation challenged the title of the land this year.

"Possession established, burial ground established, use established. Since 1831. After all this Municipal Corporation challenges it for the first time in 2022."

Further, he submitted that the community was to open to Republic Day celebrations but not the celebrations of another religious organization.

Senior Advocate Dushyant Dave submitted that the Advocate General of Karnataka had submitted that there's a dispute with regard to the title of property before the Division Bench of the Karnataka High Court.

"But you cannot file a suit for possession now. I have it in my possession for 200 years….Would a Muslim community ever be permitted to celebrate in a Hindu religious ground?"

Senior Advocate Huzefa Ahmadi argued that the Division Bench of the High Court had stated that religious tolerance is required and therefore, the land must be thrown open. But that's not within the spirit of Articles 25 and 26, he said.

Image courtesy: ANI