3 months ago
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The Supreme Court connected Thursday (February 12, 2026) refused to entertain a writ petition seeking to restrain courts from passing orders permitting the show of Hindu pujas astatine Raghav Chaitanya (Shivalinga) situated successful the Hazrath Ladle Mashaq Dargah premises successful Aland municipality of Kalaburagi district, observing that Article 32 of the Constitution could not beryllium invoked successful the matter. The petition was dismissed arsenic withdrawn.
A Bench of Justices Dipankar Datta and S.C. Sharma was proceeding a plea filed by Khaleel Ansari, caput of the managing committee of the Dargah Hazrath Malikul Mashaikh Makdoom Ladle Ansari.
The petitioner submitted that the spot had already been declared a Waqf by the Waqf Tribunal. Despite this, 3rd parties were allegedly filing writ petitions and applications earlier the Karnataka High Court seeking support to behaviour pujas connected circumstantial occasions. The High Court had passed advertisement hoc orders permitting rituals from clip to time, including for the upcoming Maha Shivratri connected February 15.
The plea contended that specified permissions would change the spiritual quality of the spot successful usurpation of the Places of Worship (Special Provisions) Act, 1991. It sought directions to support the Waqf presumption of the dargah and to restrain immoderate interim orders allowing entry, puja, inspection, survey, construction, installation oregon alteration of the spiritual quality of the spot portion an entreaty against the Waqf declaration is pending. The petitioner besides relied connected the Supreme Court’s December 2024 bid which said that courts should not judge caller cases challenging the spiritual quality of places of worship.
Senior advocator Vibha Datta Makhija, appearing for the petitioner, argued that erstwhile the Waqf Tribunal had declared the spot arsenic Waqf, the contented should not beryllium reopened done repeated petitions. She submitted that since 2023, 3rd parties had been approaching the High Court each twelvemonth up of Maha Shivratri seeking support to execute rituals, and impermanent orders are being granted. She argued that this goes against the Waqf Tribunal’s last determination and affects the managing committee’s spiritual rights nether Article 26. She besides asked the tribunal to tag the lawsuit with different pending matters related to the Places of Worship Act.
The Bench, however, was not inclined to entertain the plea nether Article 32. Justice Datta observed that Article 32 was not designed to beryllium invoked simply due to the fact that definite orders had been passed by a High Court. “Unless it is simply a pan-India issue,” helium remarked, the remedy would not prevarication nether Article 32. He indicated that if the High Court were to disregard a petition, the aggrieved enactment could prosecute due remedies thereafter.
The Court besides noted that a declaration regarding the Waqf presumption of a spot falls wrong the jurisdiction of the Waqf Tribunal. The petition to tag the substance with the Places of Worship Act cases was declined.
The petition was dismissed arsenic withdrawn.
