Karnataka High Court directs state government to allow ‘Hori Habba’ festival

The court has also clarified that any untoward incident occurring during the festival would attract action under the Act and other applicable laws.

Petition

The Akhila Karnataka Raitara Janapada Kreede Horihabba Horata Samithi sought directions to the state to allow the rally involving bulls and bullock carts as a part of the fesivities.

The petitioner argued that when they sought the permission from the authorities concerned, it referred to a notification of December 12, 2022, to contend that the permission would be granted only in terms of the said notification and upon fulfillment of the stipulated conditions.

The petitioner’s counsel submitted that the notification had remained in cold storage till now and was now being sought to be implemented.

Refuting the submission, the state’s counsel argued that the notification was still in force, and that it became operative whenever such requests were made.

The court noted that the Constitution bench in Animal Welfare Board of India v. Union of India case had permitted such festivals subject to certain conditions.

“Any permission to conduct the race shall be in strict consonance with the guidelines laid down by the Apex Court, and not merely on the conditions stipulated in the notification,” the high court said.

The state should not traverse beyond the observation as stipulated by the top court in the judgment, it added.

The court further directed the police and the Haveri district authorities to ensure no untoward incidents occur during the festival.