'This Is A Secular State': Karnataka High Court Rejects Pleas Against State's Invite To Banu Mushtaq As Chief Guest For Dasara Celebrations
The Karnataka High Court on Monday (September 15) dismissed pleas challenging State Government's decision to nominate author and Booker prize winner Banu Mushtaq as the Chief Guest for the inauguration of the upcoming Dasara Festival in Mysuru.A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi after hearing the arguments said:"We are not persuaded to accept that...
The Karnataka High Court on Monday (September 15) dismissed pleas challenging State Government's decision to nominate author and Booker prize winner Banu Mushtaq as the Chief Guest for the inauguration of the upcoming Dasara Festival in Mysuru.
A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi after hearing the arguments said:
"We are not persuaded to accept that permitting person of different faith to the function organised by the state violates any legal or constitutional right of petitioners or in any manner opposed to values enshrined in the Constitution of India. Accordingly, petitions are dismissed".
A detailed copy of the order is awaited.
There were three petitions before the court, one of which is by BJP leader Prathap Simha seeking a direction to the State government to withdraw the invitation extended to Mushtaq as the Chief Guest.
During the hearing advocate S Sudharshan appearing for one of the petitioners referred to comments made by the author which were allegedly anti-Kannada language. Sudharsan said that she had made the speech in 2023.
The court at this orally remarked, "It is an opinion voiced by somebody...are you saying in this country people cannot voice their opinion? You tell us what is your constitutional right?"
Sudharsan then submitted that Dasara is a predominantly Hindu celebration. The court however said, "...you establish your rights...We cannot go on opinions. Article 26 if you read is right for religious belief...example poojari rights. You are not holding any property, no property is being taken away from you. No religious seat is upset. So how is Article 26...attracted?"
Sudharsan insisted that only a Person having Hindu faith can be invited to the inauguration. "Per se public opinion is how could a person of other faith be invited" he submitted.
The court remarked, "This is a decision by public representatives, and it will be addressed".
Sudharsan said that prominence is given to image and idol worship in Hindu Culture and the "person who is appointed has no faith with vermilion and turmeric".
The court at this juncture remarked, "This is a secular state".
Another counsel submitted, "The question is whether a non-Hindu can inaugurate a Hindu festival? The worship of Hindu Goddess is inseparable. Inviting a non-Hindu to perform a pooja to a Hindu deity."
The court told the counsel, "That is not the question here. Whether Hinduism prohibits somebody. If somebody comes and says 'I will abide by the rituals?'".
The court also said that no temple or trustee had approached the court against the decision.
The counsel argued that performance of pooja by a non-Hindu would not be correct as per "Agama Shastra". He further questioned as to how somebody who does not bestow faith in the Hindu deity can come and perform pooja.
He said that invitee should give an undertaking that they will bestow faith in the deity and withdraw anti-Kannada remarks.
Meanwhile Advocate General Shashi Kiran Shetty appearing for the State said, "Former MP Pratap Simha had earlier shared stage with a Muslim invitee. Banu Mushataque is a booker prize winner. People of all religions participate in this function. This is a festival of the state. The committee to invite Chief Guest includes 62 people of high standing and includes MPs and MLAs of all parties. It is quite hurting to say that she is anti Hindu. Such statements cannot be made. Ultimately this kind of feelings about/against Hindu-Muslim such fears should be nipped in the bud".
The court asked if the AG had list of previous invitees.
To which the AG said, "In 2017 Dr Nisar Ahmed was invited and petitioner Simha had participated in the celebration then as MP. It is a state function and reducing it to religious function cannot be allowed".
Sudharsan however argued that a person having faith in Goddess Chamundi should be invited. On Dr Nisar Ahmed he said, that Ahmed who is also of different faith had written poems for God Krishna and had not made any anti-Kannada statements as made by this invitee.
The court however remarked that "Vijaydashmi is a festival of victory of Good over evil and is celebrated across the length of the country" and dismissed the pleas.
Case Title: Prathap Simha v. State of Karnataka and Batch
Case No: WP 27595/2025 c/w WP 27692/2025, WP 27824/2025
Citation No: 2025 LiveLaw (Kar) 306