"Go See Preamble": Supreme Court Junks Plea In Banu Mushtaq-Dussehra Row

The Supreme Court has rejected a petition challenging the Karnataka government's decision to invite Booker Prize winner Banu Mushtaq as the chief guest to Dussehra festivities at the famous Chamundeshwari Hills on Monday.

A bench of Justice Vikram Nath and Justice Sandeep Mehta slammed the petitioner while questioning the grounds to challenge the High Court order rejecting the plea.

Justice Nath asked the petitioner to go and read the Preamble to the Indian Constitution and asked how he might expect the state to differentiate between its subjects on basis of religion.

Reminding the petitioner that the Dussehra celebrations are, in fact, an event organised by the state government, the top court cited past precedents, including one in which Kannada poet KS Nissar Ahmed was invited as chief guest to the event.

Justice Nath asked, "Were your fundamental rights not affected back then?"

Senior Advocate PB Suresh, who appeared for the petitioner, told the court the invitation to Banu Mushtaq to inaugurate a religious ceremony infringed upon fundamental rights under Article 25, which says the State cannot interfere with religious activity of citizens.

He further argued that letting Ms Mushtaq perform the religious ceremonies would breach the constitutional rights to the freedom of religious practices of the Hindu community.

He argued that while she could inaugurate the event, she must not be allowed inside the temple, not only because she was a non-Hindu but also because she lacked secular credentials because of her earlier statements.

However, the top court reminded the petitioner this is, in fact, a state and not a religious event.

The petition was filed by HS Gaurav against the High Court's judgment that held that participation of a non-Hindu person in the festival did not violate any constitutional right.

"Interfaith participation in religious festivals is not against the Constitution," the High Court said while dismissing the plea against the Dussehra festivities to be inaugurated by Banu Mushtaq.

A Division Bench of Chief Justice Vibhu Bakhru and Justice CM Joshi, on September 15, had rejected a batch of petitions claiming Banu Mushtaq's participation would hurt the sentiments of people as she has made 'anti-Hindu' statements in the past.

One of the petitioners submitted that it was not appropriate to invite her as the inaugural function involved active participation in Hindu religious rituals, including the lighting of a sacred lamp (Deepa Prajwalam) and offering prayers and flowers to the deity.