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HC rejects pleas against invitation to Banu Mushtaq to inaugurate Dasara event
Bharatiya Janata Party (BJP) leader Pratap Simha was among those who moved the court against the state government’s decision to invite Booker Prize winner Banu Mushtaq
Reiterating that India is a “secular” nation, the Karnataka high court on Monday dismissed three petitions, including one filed by Bharatiya Janata Party (BJP) leader Pratap Simha, opposing the state government’s decision to invite Booker Prize winner Banu Mushtaq to inaugurate the historic Dasara celebrations in Mysuru this month.
A bench of Chief Justice Vibhu Bakhru and Justice CM Joshi dismissed Simha’s petition after holding that it was not persuaded by his argument that a person of another faith cannot be invited as a chief guest for a state function.
The court held that no legal or constitutional rights of the petitioner had been violated by the decision. It noted the submissions made by advocate general Shahshi Kirna Shetty, who appeared for the Karnataka government. Shetty argued that Dasara was a state festival in which people of all communities participate.
Simha, through his counsel, advocate S Sudharsan, argued that Dasara was a predominantly Hindu festival and only someone of the Hindu faith should inaugurate it. He cited alleged “anti-Kannada remarks” made by Mushtaq in a public speech two years ago, and contended that inviting a non-Hindu to participate in rituals was contrary to cultural traditions.
The court questioned how provisions of Article 26 of the Constitution, which guarantees every religious denomination the freedom to manage its own religious affairs, were being violated. It noted that no temple or temple trustee had challenged the decision, and no property or religious rights were affected by the decision to invite Mushtaq.
“This is a secular State. You tell us how Article 26 is attracted,” the court asked Simha. “We are not persuaded to accept that permitting persons of different faiths to the function organised by the state violates any legal or constitutional right of petitioners or in any manner opposed to values enshrined in the Constitution...Accordingly, petitions are dismissed,” it said. The bench added that “opinions or public sentiments cannot override constitutional principles.”
Shetty argued that Dasara celebrations in Mysuru were an annual state festival in which people of all communities participate. He pointed out that in 2017, poet Nisar Ahmed was invited as the chief guest, and at the time, Simha had attended the celebrations.
Shetty told the court that an “invitation committee, comprising 62 eminent members including lawmakers from all political parties,” had taken the decision collectively to invite Mushtaq as the chief guest this year. He urged the court to curb “attempts to paint the issue as a Hindu versus Muslim” situation.
The court agreed, observing that Vijayadashami was celebrated across the country as a festival marking the “victory of good over evil” and could not be reduced to a religious function. It declined to impose costs on the petitioner, saying that it was not testing the opinions of either party and that it had considered the petition solely on the ground of “legal rights.”
