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The Supreme Court Friday rejected a plea challenging the Congress-led Karnataka Government’s decision to invite Booker Prize winner Banu Mushtaq as the chief guest for the inauguration of the Mysuru Dasara festival on September 22.
A bench of Justices Vikram Nath and Sandeep Mehta dismissed the plea while pointing out that the Preamble to the Constitution speaks about secularism. “What is the Preamble of this country?” Justice Nath asked Senior Advocate P B Suresh, who appeared for the petitioner H S Gaurav.
However, Suresh contended that secularism cannot be used as an excuse to interfere with the religious activity of Hindus. To a query from the bench about what ground was taken to file the petition, Suresh said, “It affects my rights under Article 25 of the Constitution.”
The court then pointed out that in 2017, poet Nisar Ahmed had been invited as the chief guest for the same event, and asked if the petitioner’s rights were not affected then.
Suresh said there are two aspects of this programme – one is the inauguration, which is a secular activity, and the other is the puja inside the temple premises. “That is purely not a secular activity. It attains the colour of a spiritual or religious act.”
While the petitioner had no objection to the presence of Banu Mushtaq during the inauguration, the puja is inside the temple, he pointed out.
Justice Nath said the Mysuru Dasara is a state event, and not a private programme. “Why should they not distinguish between A, B and C?”
Suresh said the fact that it is a state event is all the more reason why it should not violate the religious rights of any section. He said what is being attempted by the state “is purely political”.
However, the Supreme Court bench dismissed the petition.
On September 15, the Karnataka High Court dismissed similar petitions, saying “participation of a person practising a particular faith or religion, in celebrations of festivals of other religions does not offend the rights available under the Constitution of India.”
