Supreme Court dismisses plea against Mysuru Dasara invite to Booker Prize winner Banu Mushtaq

Supreme Court

The Supreme Court on Friday rejected a petition challenging the Karnataka High Court's approval of the State Government's decision to invite Booker Prize winner Banu Mushtaq as chief guest for the inauguration of the Dasara festivities at the Chamundi temple in Mysuru.

A bench of Justices Vikram Nath and Sandeep Mehta dismissed the case after a short hearing.

Senior Advocate PB Suresh, appearing for the petitioner, argued that a non-Hindu should not be permitted to perform pujas inside the temple. Justice Nath responded, "Dismissed."

When Suresh contended that rituals within a temple cannot be considered a secular activity and that inviting a non-Hindu was "purely political," Justice Nath again said, "Dismissed."

Persisting, the senior counsel claimed the invitee had made objectionable remarks in the past and should not be allowed. Justice Nath repeated that the plea stood dismissed, remarking: "We have said 'dismissed' 3 times. How many dismissals are required?"

The matter was urgently mentioned on Thursday as the event is scheduled for September 22, prompting CJI BR Gavai to agree to list it for hearing on Friday.

Earlier, on September 15, the Karnataka High Court had rejected petitions opposing Mushtaq's participation, observing: "Participation of a person practising a particular faith or religion, in celebrations of festivals of other religion does not offend the rights available under the Constitution of India."

The High Court held that inviting Mushtaq did not breach constitutional values, noting her stature as an accomplished author, lawyer and social activist.

Petitioners argued that it was inappropriate for Mushtaq to take part in Hindu rituals such as lighting the lamp, offering fruits and flowers, and reciting Vedic prayers, asserting that only Hindus could perform these acts.

The State countered that the event was a government function, not one organised by a temple, and therefore could not discriminate based on religion.

The High Court noted that the festivities are organised annually by the State, and eminent personalities such as scientists, educators, authors and freedom fighters have been invited in previous years. It also pointed out that the decision to invite Mushtaq was made by a committee of elected representatives and government officials.

Concluding, the court said: "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. 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 further held that "no right of any religious denomination or any section thereon has been curtailed or restricted. None of the persons managing any religious denomination have come forward to claim that their right to maintain their institutions for religious and charitable purposes is being violated."