Participation of a person practising a particular faith in celebrations of festivals of other religions does not offend the religious rights of anyone, ruled the Karnataka High Court Monday.
A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi made the observation in its order dismissing pleas filed by Pratap Simha, a former BJP MP from Mysore, and others challenging the state government’s invitation to Booker Prize winner Banu Mushtaq for the inauguration of the 2025 Dasara festivities in Mysore.
The counsels for the petitioners argued that it was not appropriate to invite Mushtaq to the inaugural function, as active participation in Hindu religious rituals was involved. It was also argued that she had made a speech that was an affront to Hindus and Kannada, and the invitation extended to her was a violation of Article 25 (the right to profess and practice religion) and 26 (freedom to manage religious affairs) of the Constitution.
Among the other arguments presented was that only a Hindu should be allowed to perform the inaugural rituals, which had to be conducted according to Agamic traditions and with offerings to the Goddess Chamundeswari.
Opposing these contentions, Advocate General Shashikiran Shetty argued for the government that Mushtaq is an acclaimed author invited to a state function where there could be no discrimination based on religion or caste. He also pointed out that in 2017, the late Kannada writer and poet Nisar Ahmed was invited for the function, where Pratap Simha himself had been present.
The AG further contended that the festivities in question were not a religious function by a particular temple but were sponsored by the state.
The court did not agree with the petitioner’s contention that their religious rights were violated. “The petitioner’s right to practice and propagate religion is not curtailed in any manner by extending invitation to respondent No. 4 (Msuhtaq) to inaugurate the Dasara festivities,” the bench said in the detailed order released Tuesday.
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The court further said that no one managing a religious denomination had come forward to claim any violation of their right to manage a religious institution.
Dismissing the petitions against Mushtaq’s participation in the inauguration, the court said, “In the present case, we are unable to accept that any legal or constitutional right of the petitioners is violated by extending the invitation to respondent No. 4 to inaugurate the state-sponsored Dasara festivities.”
“Participation of a person practicing a particular faith or religion, in celebrations of festivals of other religion does not offend the rights available under the Constitution of India. In our view, the extension of invitation to respondent No. 4 does not fall foul of any of the values enshrined in the Constitution of India,” it added.