The Supreme Court on Friday dismissed a petition challenging the Karnataka High Court's refusal to interfere with the State government's decision to invite Booker Prize-winning author Banu Mushtaq as Chief Guest to inaugurate Dasara festivities in Mysuru [HS Gaurav v. The State of Karnataka and ors].
A Bench of Justices Vikram Nath and Sandeep Mehta said,
"What is the Preamble of this country? This is State program...how can State distinguish between A, B And C?"
Even as the Court dismissed the plea at the outset, counsel for the petitioners said,
"Puja inside temple is not secular act...it's part of the ceremony... there are series of decisions there...Statements have been made which according to us are against our religion. Under these circumstances, you can't invite such people. There are two things–one person who professes secular credentials and other person take completely opposite stand against us....you can’t invite such people."
However, the Court replied,
"We have said dismissed 3 times, how many more times we have to say? Next case."
The matter was mentioned before Chief Justice of India (CJI) BR Gavai for urgent hearing yesterday, since the event is scheduled to take place on September 22.
The appeal challenged the Karnataka High Court's September 15 decision to reject a batch of petitions that claimed that Mushtaq's participation in the Dasara events would hurt the sentiments of people, as she had made "anti-Hindu" statements in the past.
The High Court Division Bench of Chief Justice Vibhu Bakhru and Justice CM Joshi opined that Mushtaq is an accomplished person and that none of the guarantees recognised under Articles 25 and 26 of the Constitution are offended in the case.
The participation of a person practicing a particular faith or religion in celebrations of festivals of other religions does not offend the rights available under the Constitution of India, the High Court added.
"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," the September 15 ruling had said.