‘We are secular, State can’t distinguish’: Supreme Court dismisses plea against Karnataka govt.’s invite to Banu Mushtaq to inaugurate Dasara Festival

“Our Preamble says we are secular. This is a state program. How can the State distinguish (on the grounds of religion)?”, the bench questioned.
‘We are secular, State can’t distinguish’: Supreme Court dismisses plea against Karnataka govt.’s invite to Banu Mushtaq to inaugurate Dasara Festival
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THE SUPREME COURT ON FRIDAY dismissed a petition challenging the Congress-led Karnataka government’s invitation to Booker Prize-winning author Banu Mushtaq to inaugurate the state-organised traditional Dasara Mahotsav at Mysuru’s Chamundeshwari temple, observing that we are secular and this is a state programme and the state can’t distinguish on religious grounds. 

Dismissing an appeal against the Karnataka High Court order against the State government’s invitation to author Banu Mushtaq, a bench of Justices Vikram Nath and Sandeep Mehta said, “Our Preamble says we are secular. This is a state program. How can the State distinguish (on the grounds of religion)?”

The petitioner, one H.S. Gaurav, had approached the top court against the September 15 Karnataka High Court order dismissing a batch of petitions while holding that “In our view, the extension of invitation to (Banu Mushtaq) does not fall foul of any of the values enshrined in the Constitution of India.”

As the petitioner persisted with his plea against the High Court order, the bench said, “We have dismissed it 3 times, how many more times we have to say?

“We have dismissed it 3 times, how many more times we have to say?”, the bench asked after the petitioner’s persistence.

Making a distinction between the inauguration of Dasara Mahotsav – a secular act - and the performance of Pooja within the temple, the advocate for the petitioner contended that Puja inside the temple is not a secular act and it's part of the ceremony. He said the Karnataka government's decision to allow a non-Hindu to perform ‘Agra Puja’ at the Chamundeshwari temple for the inauguration of Dasara in Mysuru would hurt Hindu sentiments.

On September 15, the Karnataka High Court had dismissed a batch of petitions challenging the government's decision to invite Banu Mushtaq to inaugurate Dasara Mahotsav at Mysuru's Chamundeshwari temple, which is on September 22. 

The High Court had said that the 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.

It had noted that undisputedly, the festivities are organised by the state every year, and distinguished people like scientists, educationists, authors, and freedom fighters have been invited in the past.

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