High Court Calls For State's Response On Plea Challenging Constitutional Validity Of Karnataka Religious Structures (Protection) Act

The Karnataka High Court on Wednesday directed the State Government to file its reply by February 25, to a public interest litigation filed challenging the constitutional validity of the Karnataka Religious Structures (Protection) Act, 2021.A division bench of Chief Justice N V Anjaria and Justice M I Arun said “The issue involved in the Public interest litigation is of seminal importance and has far-reaching dimensions in the operation of Constitutional law and the position of Legislature to Legislate vis a vis the orders of the Apex court, which are the law of the land to be invariably obeyed by all including legislative bodies.” The petition filed by D Keshavamurthy seeks to declare that the Karnataka Religious Structures (Protection) Act, 2021, notified through a notification dated 22/10/2021 is unconstitutional, void and non-est. Advocate Manu Kulkarni appearing for the petitioner argued that “The very preamble of the act is eye-catching, in as much as it is expedient to protect religious structure on a public place and for matters connected therewith.” He referred to Section 2 of the Act which defines Religious structures--to mean those religious structures such as temples, church, mosque, gurudwara, bodhi vihar, mazaar etc, constructed on public place without authority of law. It was said “The definition is unique in itself, to say the least.” Further, he relied on Section 3 of the Act, which provides for protection of the religious structures. Then he referred to the Supreme Court order in the case of Union of India vs State of Gujarat, SLP 8519/2006, finally decided on Jan 31, 2018, in which the court dealt with the very issue of religious places and temples which were found to be existing in public places in an unauthorised manner. It was mentioned that based on the directions of the Supreme Court in its order issued in 2009, this court has initiated suo-motu proceedings, in which with reference to the detailed directions issued by the Apex court, observations were made in respect to the policy of the government as emanating from the aforesaid Act. The validity of which is under scanner in this PIL. Additional Government Advocate Niloufer Akbar sought time to file a detailed reply to the petition. Following this the court said “Since it was noticed that state has still not filed any response although the petitioner is of the year 2023. The court deems it proper to afford an opportunity to the State government to file a reply. Such a reply shall be filed looking into the importance of the matter and directions of the Supreme Court. Accordingly, it adjourned the matter for further hearing on March 3. Court orally said it would decide this matter either way and could not let such a matter remain pending. Case Title: D Keshavamurthy AND State of KarnatakaCase No: WP 12358/2023

High Court Calls For State's Response On Plea Challenging Constitutional Validity Of Karnataka Religious Structures (Protection) Act

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