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"वक्र तुंड महाकाय, सूर्य कोटि समप्रभ:, निर्विघ्नं कुरु मे देव शुभ कार्येषु सर्वदा": Karnataka HC countered nefarious agendas of Islamo-leftist lobby and upheld decision of allowing Ganesh Chaturthi celebrations at Hubballi Idgah maidan, गणपति बप्पा मोरया
Karnataka is slowly becoming the fortress for ‘Hindutva’ politics. It has countered all the nefarious agendas of the Islamo-leftist lobby. The lobby tried its best to strain the social fabric of the state. They raked numerous communal issues, the premium being the hijab row to create a riot-like situation. However, the Basavaraj Bommai government, along with massive public support, acted tough against such communal agendas.
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It has made it clear that the state administration will not succumb to appeasement politics. It has thrown away the regressive politics of needless ostracisation of Hindu festivals and by taking steps to rejuvenate the civilizational legacy. The recent decision is an example of this reformist shift in government policies.
Karnataka HC refuses to stay Ganesh Chaturthi celebrations at Idgah ground at Hubbali-Dharwad
The Karnataka High Court on Tuesday night refused to stay the permission granted by the Dharwad Municipal Commissioner to certain Hindu organizations for performing Ganesh Chaturthi rituals at Idgah ground at Hubbali-Dharwad.
After a hearing held from 10 PM at the chambers of Justice Ashok S Kinagi, the Court refused interim relief to the petitioner Anjuman-E-Islam to stop the Ganesh Chaturthi festivals at the Idgah ground.
The Court noted that the title of the property in dispute belonged to the Dharwad Municipality and that the petitioner was only a licensee of the plot, having permission to offer namaz only on Ramzan and Bakri Id. The Court rejected the argument of the petitioner that the property is covered under the Places of Worship Act 1991, noting that the ground is used for activities like vehicle parking and vending. Also, no record has been produced by the petitioner to show that the property has been declared as a place of worship.
The Court further said that the status quo order passed by the Supreme Court in respect of the Idgah ground at Chamrajpet in Bangalore cannot be applied to the present case, as in the Chamrajpet case, there was a title dispute; however, in the instant case, the petitioner was not denying the title of the Municipality.
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It noted that there is no title dispute and thus the petitioner is not entitled to the benefit of the interim order passed by the Supreme Court.
"As such, the prayer for interim relief sought by the petitioner does not deserve merit and the same is rejected", the bench stated in an order dictated around 11.30 PM.
The petition was filed by Anjuman-E-Islam challenging the order passed by the Municipal Commissioner allowing Hindu organizations to install Lord Ganesha idols at the idgah ground tomorrow for Ganeshotsav. The Court noted that the said order was passed by the Commissioner based on a decision of the Committee of the Corporation. Permission has been granted for celebrating the Ganesh festival subject to certain conditions.
The Court noted that the order has been passed by the Commissioner invoking powers under the Karnataka Municipal Corporations Act and that the petitioner has not shown any illegality in the order.
Earlier today, the Supreme Court had ordered the status quo against the State's move to allow Ganesh Chaturthi rituals at the Idgah ground in Charajpet in Bangalore.
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What happened in the hearing
The petitioner submitted that idgah maidan and falls within the Places of Worship act and that the authorities have no right to convert any place of worship.
Additional Advocate General Dhyan Chinappa, appearing for the Municipal Commissioner, disputed that the petitioners had any right or title over the land. Referring to an order passed by a civil court in a suit filed by private parties, the AAG said that it has been declared that the public has the right to use the land. The civil court's order has been confirmed in appeal by the High Court and the Supreme Court.
"Here there is no dispute on title and possession. They only have the right to conduct namaz for two days on Ramzaan and Bakri eid. The property is in exclusive possession of the corporation. The right of a corporation to utilize the way it wants is there. Ultimately what was given was a license and not a title. Commissioner has passed this order on taking account all factors", the AAG submitted.
The AAG said that the State will ensure that law and order are maintained. "Celebration of Ganesha should not be taken so strictly. It is a community function and everyone is welcomed. Members of other communities should also ensure that they don't interfere in others' functions", the AG said.
The petitioner's counsel submitted that it is the first time that the Ganesh festival is proposed to be held there. "I am not saying they don't have right or power. It is their property but not at this time", the petitioner's counsel said.
Assistant Solicitor General MB Nargund submitted that the Supreme Court's order cannot be a precedent for this case, as in Chamarajpet land, nothing was done for 200 years. However, in the land, in this case, there are markets, vehicle traffic, etc.
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Karnataka foils secular lobby’s litigation and propaganda war
On the 30th of August, the Karnataka High Court upheld the decision of the Dharwad municipal commissioner to allow Ganesh Chaturthi celebrations at the Hubballi Idgah maidan. In a late-night hearing, the HC rejected the plea of the Muslim organization, Anjuman-e-Islam which wanted a ban on the Ganesh Chaturthi celebration on the Idgah ground.
Earlier, the Hubballi-Dharwad Municipal Corporation (HDMC) allowed a 3-day Ganesh Chaturthi celebration at the Idgah Maidan. The Muslim organization Anjuman-e-Islam challenged this order in the Karnataka High Court. It claimed that the Idgah site comes under the Places of Worship Act, 1991, and therefore, its religious nature can’t be changed by permitting Ganesh Chaturthi celebrations on the Idgah site.
Justice Ashok S Kinagi opined that the property belongs to the Hubballi-Dharwad municipality and Anjuman-e-Islam was only a licensee. The court categorically stated that the site is not a religious place of worship. Prayers were allowed on the Idgah site only during Bakrid and Ramzan. The rest of the time, it was open to the public for parking and vending.
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Other places of dispute
In a separate courtroom battle over the permission to celebrate Ganesh Chaturthi in the Chamrajpet Idgah Maidan, the Supreme Court rejected the Hindu side’s claim to hold Ganesh Chaturthi celebrations in Bengaluru’s Chamrajpet. The apex court opined that in this case there is a title dispute between the Municipal department and WAQF board. SC stated that the title dispute for the Chamrajpet Idgah Maidan would be agitated in the Karnataka High court. Hence, till the title dispute is sorted, the status-quo should be maintained and celebrations should be shifted to some other place.
These two separate courtrooms as well as propaganda battle shows that the secular lobby has gone bonkers against Ganesh Chaturthi and Hindu devotees. They were hell-bent to brandish these sites as a reserved places only for the Muslim Community. However, the court has rejected their claims in both cases, as the title dispute in Bengaluru’s Chamrajpet Idgah Maidan will be decided in Karnataka High Court.
It is hypocritical that the lobby which always repeats RahatIndori’s pet phrase that Hindustan doesn’t belong to anyone’s father rather it is everyone’s, equally. However, for appeasement politics or fear of their own lives, they give communal tags to public places, depending on the high presence of a minority community. Public places are secular and there’s nothing wrong with holding Ganesh Chaturthi festivities in such areas.
The Karnataka government has shown them the mirror that reality is fast changing. Hindu festivals will not be banned for the sake of vote bank politics. Rather, the government will provide all the necessary support to bring back the civilizational legacy. So, matters like Hijab or permission for Hindu festivals will be conducted as per the constitution and Indian mindset rather than through the prism of communal appeasement politics.
References:
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