State Govt Order Permitting Only A Muslim Priest To Perform Rituals At Datta Peeta Violates Right To Religion Of Both Hindus & Muslims : Karnataka High Court

The Karnataka High Court has observed that the Government's order permitting only a Mujawar (Muslim Priest) to perform the rituals at the Datta Peeta - a holy cave shrine in Chikmaguluru which is revered both by Hindus and Muslim communities - amount to "a flagrant violation of rights of both communities guaranteed by Article 25 of the Constitution of India"."...the impugned order infringes the right of both communities guaranteed under Article 25 of the Constitution by preventing Hindus from performing pooja as per their faith and compelling the Mujawar to offer pooja contrary to his faith", the Court said in its order.The Court quashed the State Government order dated 19.03.2018 by which it permitted only a Mujawar appointed by Shah Khadri to enter the sanctum of the "Sri Guru Dattathreya Swamy Peeta" otherwise known as "Sree Gurudattathreya Bababudnaswamy Dargha" cave and to distribute 'teertha' to both Hindus and Muslims. A single-judge bench of Justice P S Dinesh Kumar remitted the matter back to the state government with a direction to reconsider the matter afresh in accordance with law without reference to the Report of the High-Level Committee. The court noted that the impugned order permits only a Mujawar to be appointed by Shah Khadri to enter the sanctum of the cave and to distribute 'teertha' to both Hindus and Muslims. He is also required to offer flowers to the paduka and light the nandadeepa. On the face of it, this portion of the order runs counter to the practices adopted by the Muslim community, because idol worship is not recognized by them. The court referred to Article 25 of the Constitution which guarantees Freedom of Conscience and free profession, practice and propagation of religion. It said,"By the impugned order, firstly, the State have infringed upon the right of Hindu Community to have the pooja and archana done in the manner as per their faith. Secondly, the State government have imposed upon the Mujawar to perform 'paduka pooja' and to light 'nanda deepa' contrary to his faith. Both these acts amount to flagrant violation of rights of both communities guaranteed by Article 25 of the Constitution of India." The court added, "Though the versions of a large number of devotees recorded by the Endowment Commissioner including that of the Mujawar who was working during 1975, demonstrate that both Hindus and Muslims were worshipping as per their respective customs, the State Government have chosen to accept the High Level Committee's recommendation to reject Endowment Commissioner's Report. The High Level Committee Report is not free from the vice of bias." The court then stated the reasons why the impugned order is unsustainable in law: Firstly, because, contrary to the stand taken before the Supreme Court of India that the Cabinet would consider the pros and cons and take a decision, the State Government have delegated the consideration to a High-Level Committee. Secondly because, the recommendation of the Sub-Committee, has been incorrectly extracted in the impugned order. The recommendation extracted gives an impression that the practices recommended are in consonance with the order of this Court, which is factually incorrect because the six recommendations recorded in the impugned order are those contained in the earlier Report of the Endowment Commissioner dated 25.02.1989 which has been quashed by this Court. Therefore, the decision arrived at, is on an incorrect premise and hence vitiated. Thirdly because the High-Level Committee has misdirected itself with regard to the 1991 Act when the issue in dispute has attained finality as per the decree in O.S. No.25/1978; Fourthly because it is nobody's case that the place of worship is being converted. On the other hand, it is the common case of both communities that it is a place of worship for both Hindus and Muslims. Fifthly, because, the High-Level Committee Report is not free from bias, as Shri. Rehamat Tarikere, one of its Members has deposed before the Endowment Commissioner and the Committee has recommended rejection of his Report; Sixthly, because the impugned order infringes the right of both communities guaranteed under Article 25 of the Constitution by preventing Hindus from performing pooja as per their faith and compelling the Mujawar to offer pooja contrary to his faith. Case Background: Guru Dattatreya Peetha Samvardhana Samithi had presented the writ petition with a prayer inter alia to issue a writ of certiorari and to quash the impugned Government Order; and to direct the State Government to implement Endowment Commissioner's Report dated 10.03.2010. On 01.03.1985, the High Court disposed of a writ petition with a direction to the Commissioner for Religious and Charitable Endowments in Karnataka shall have the matter enquired into through the Muzrai Officer and report made to him, regarding the practice that was being...

State Govt Order Permitting Only A Muslim Priest To Perform Rituals At Datta Peeta Violates Right To Religion Of Both Hindus & Muslims : Karnataka High Court

Mustafa Plumber

Tags