THE SUPREME COURT TODAY agreed to list a petition challenging the Karnataka High Court’s September 15, order upholding the state government’s decision to invite Booker Prize winner author Banu Mushtaq to inaugurate the state-sponsored Dasara Mahotsav at the Chamundeshwari temple, Mysuru.
A bench headed by the Chief Justice B.R. Gavai agreed to hear the plea after an advocate, during mentioning, sought urgent listing of the case against the High Court order, arguing that a non-Hindu cannot perform the ‘Agra Puja’ associated with the inauguration ceremony.
“This is a plea against the Karnataka government’s decision to allow a non-Hindu to perform ‘Agra Puja’ at the Chamundeshwari Temple for the inauguration of Dasara Mahotsav in Mysuru,” the counsel submitted, adding that the event is scheduled for September 22.
The plea is likely to be heard on Friday.
The HC had said that the participation of a person practising a particular faith or religion in the celebrations of festivals of another religion does not offend rights.
On September 15, the Karnataka High Court had dismissed the petitions challenging the government’s decision to invite Banu Mushtaq to inaugurate the Dasara Mahotsav at the Chamundeshwari temple.
The High Court had said that the participation of a person practising a particular faith or religion in the celebrations of festivals of another religion does not offend the rights available under the Constitution of India.
It also noted that the festivities are undisputedly organised by the state every year, and accomplished persons such as scientists, educationists, authors, and freedom fighters have been invited in the past.
The appeal filed in the top Court stated that the High Court erred by not appreciating the fact that for the inauguration of Dasara in the premises of Goddess Chamundeshwari temple, a puja has to be performed which cannot be conducted by a non-Hindu. The puja, it argued, is integral to inaugurating the traditional ten-day celebrations of the festival.
The petition further stated that the Chief Guest invited by the state is non-Hindu and therefore cannot perform rituals before the deity, which would be against established Hindu religious and ceremonial practices.
“The High Court erred by not appreciating the fact that the inauguration of Dasara Mahotsav by a non-Hindu is against the basic rules of Agama Shastra. The Agama rules are part of Hindu religious faith, and in departure from the traditional rules of worship, it would result in disturbance of the purity of the ceremony and the divine spirit of the deity. The belief system of the entire Hindu community would be affected,” the appeal said.
It added, “The High Court also failed to appreciate that since the time of the Wodeyar dynasty and continuing to the present day, the inauguration of the Dasara festival has always been performed by a Hindu dignitary, as the ceremony involves offering puja, invoking sacred mantras, and participating in religious rites as prescribed by Hindu tradition.”