NEW DELHI: The Supreme Court on Friday rejected a plea challenging Karnataka’s decision to invite International Booker Prize winner Banu Mushtaq to inaugurate the Mysuru Dasara celebrations at the Chamundeshwari Temple. The festival is set to begin on September 22.
A bench of Justices Vikram Nath and Sandeep Mehta dismissed the appeal, asking the petitioner’s lawyer, “What is the preamble of this country?” and “How can the state distinguish between A, B and C?” The appeal had challenged a September 15 Karnataka high court order that upheld the state’s invitation to Mushtaq .
Petitioner HS Gaurav’s lawyer told the court he did not object to the inauguration itself, calling it a secular activity, but objected to events taking place inside the temple premises. “That is purely not a secular activity. It attains the colour of a spiritual act or a religious act,” he said.
The bench replied, “It is not a private programme. The state is organising it. How can the state distinguish between A, B and C?”
The court also referred to the Karnataka high court order noting that one of the petitioners had shared the stage with Dr Nissar Ahmed, who inaugurated the festivities in 2017. “Is that correct or not?” the bench asked.
The petitioner’s lawyer said the programme has two parts -- the inauguration and the puja. He argued that the state’s decision violated his Article 25 rights, which guarantee freedom of religion. The bench asked why this was not raised in 2017 and why the petition was filed now.
“They can’t interfere with my religious activities,” the lawyer said, citing earlier Supreme Court judgments. Referring to the temple activities, he added, “Under these circumstances, when the colour of that particular act where inside the temple premises, a ceremony and a puja is being conducted and they are made a part of that ceremony, it is totally different.”
He also called the state’s decision “purely political” and argued that Mushtaq should not be allowed to take part in rituals inside the temple. “You can’t invite such a person. There are two things. One person who professes secular credentials and other person who takes a diagonally opposite stand against us,” he said.
The bench, however, repeatedly dismissed the plea. “We have said three times, dismissed,” Justice Nath stressed.
Earlier, the Karnataka High Court had refused to hear four PILs, including one by former BJP MP Pratap Simha, ruling that no constitutional or legal violations had been shown.
The petitioners claimed the inauguration of Dasara at the Chamundeshwari Temple was not symbolic but an essential religious practice protected under Article 25. The rituals include lighting a ceremonial lamp and offering kumkum, turmeric, fruits and flowers to Goddess Chamundeshwari -- practices governed by Agamic traditions which, they argued, should not be performed by a non-Hindu.
The Mysuru district administration formally invited Mushtaq on September 3, despite objections from some sections, including the BJP. Critics alleged that Mushtaq had made “anti-Hindu” and “anti-Kannada” statements in the past.
The Dasara festivities in Mysuru will run from September 22 to October 2, ending with Vijayadashami. Traditionally, the festival begins with showering flowers on the idol of Goddess Chamundeshwari amid Vedic chants at the Chamundeshwari Temple atop Chamundi Hills.
A bench of Justices Vikram Nath and Sandeep Mehta dismissed the appeal, asking the petitioner’s lawyer, “What is the preamble of this country?” and “How can the state distinguish between A, B and C?” The appeal had challenged a September 15 Karnataka high court order that upheld the state’s invitation to Mushtaq .
Petitioner HS Gaurav’s lawyer told the court he did not object to the inauguration itself, calling it a secular activity, but objected to events taking place inside the temple premises. “That is purely not a secular activity. It attains the colour of a spiritual act or a religious act,” he said.
The bench replied, “It is not a private programme. The state is organising it. How can the state distinguish between A, B and C?”
The court also referred to the Karnataka high court order noting that one of the petitioners had shared the stage with Dr Nissar Ahmed, who inaugurated the festivities in 2017. “Is that correct or not?” the bench asked.
The petitioner’s lawyer said the programme has two parts -- the inauguration and the puja. He argued that the state’s decision violated his Article 25 rights, which guarantee freedom of religion. The bench asked why this was not raised in 2017 and why the petition was filed now.
“They can’t interfere with my religious activities,” the lawyer said, citing earlier Supreme Court judgments. Referring to the temple activities, he added, “Under these circumstances, when the colour of that particular act where inside the temple premises, a ceremony and a puja is being conducted and they are made a part of that ceremony, it is totally different.”
He also called the state’s decision “purely political” and argued that Mushtaq should not be allowed to take part in rituals inside the temple. “You can’t invite such a person. There are two things. One person who professes secular credentials and other person who takes a diagonally opposite stand against us,” he said.
The bench, however, repeatedly dismissed the plea. “We have said three times, dismissed,” Justice Nath stressed.
Earlier, the Karnataka High Court had refused to hear four PILs, including one by former BJP MP Pratap Simha, ruling that no constitutional or legal violations had been shown.
The petitioners claimed the inauguration of Dasara at the Chamundeshwari Temple was not symbolic but an essential religious practice protected under Article 25. The rituals include lighting a ceremonial lamp and offering kumkum, turmeric, fruits and flowers to Goddess Chamundeshwari -- practices governed by Agamic traditions which, they argued, should not be performed by a non-Hindu.
The Mysuru district administration formally invited Mushtaq on September 3, despite objections from some sections, including the BJP. Critics alleged that Mushtaq had made “anti-Hindu” and “anti-Kannada” statements in the past.
The Dasara festivities in Mysuru will run from September 22 to October 2, ending with Vijayadashami. Traditionally, the festival begins with showering flowers on the idol of Goddess Chamundeshwari amid Vedic chants at the Chamundeshwari Temple atop Chamundi Hills.
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