In a midnight hearing, the High Court said the “serious dispute” over ownership in case of the Bengaluru Eidgah land does not exist in the Hubballi case.  So the order of the Supreme Court is not applicable, said Justice Ashok S Kinagi.

“This (the Hubballi grounds) is corporation property and corporation can do whatever it considers appropriate… They have two days to pray, Ramzan and Bakri Id, that of course cannot be interfered with,” the judge said.

The decision to hold Ganesh Chaturthi celebrations on the Eidgah grounds in Hubballi was taken by the local civic body earlier on Tuesday.

The petition in the High Court was filed by Anjuman-e-Islam after the Supreme Court ordered a status quo in case of proposed celebrations on Eidgah land in Bengaluru, over 400 km away.

The government order allowing Ganesh Chaturthi rituals in Bengaluru’s Eidgah Maidan was challenged in the Supreme Court by the Waqf Board.

Ordering a status quo, the bench of Justices Indira Banerjee, AS Oka and MM Sundresh said the Ganesh puja can be held elsewhere.

The High Court will adjudicate on the ownership of the 2.5-acre ground, the Bench also said.

During the lengthy arguments in the top court, the Waqf board contended that no religious event from any other community was held on the land as it was declared as Waqf Property. “Suddenly in 2022, they say that it is disputed land, and they want to hold Ganesh Chaturthi festival here,” it said.

When the court asked the state lawyer, Mukul Rohatgi, if there was any previous instance of such events at the Eidgah Maidan, he said, “That cannot be the basis for opposing an event now.”

“I wonder if there’s any temple in this country where the minority community will be allowed to enter for prayers,” shot back Dushyant Dave, who was representing the Waqf Board. The board also cited the case of Babri Masjid in Ayodhya, saying, “Then Chief Minister of UP also gave an assurance, in the Babri Masjid case…. You know what happened there”.