The Supreme Court on Friday dismissed a petition challenging the Karnataka government’s decision to invite Booker Prize-winning author Banu Mushtaq as the chief guest for the inauguration of the historic Dasara festival in Mysuru on September 22, stressing that India’s constitutional framework celebrates multiculturalism and diversity.
A bench of justices Vikram Nath and Sandeep Mehta refused to interfere with the Karnataka high court’s ruling earlier this week that had rejected similar petitions, including one filed by the present petitioner HS Gaurav.
“What is the Preamble of this country? This is not a personal event but a State event. Why should the state discriminate between its own people?” the bench told senior counsel PB Suresh, who appeared for Gaurav.
Suresh, on his part, had asserted that letting Mushtaq conduct the religious ceremonies would breach the constitutional rights to the freedom of religious practices of the Hindu community. While Mushtaq could inaugurate the event, Suresh added, she must not be allowed inside the temple, not only because she was a non-Hindu but also because she lacked secular credentials.
The bench, however, declined to entertain the plea, further pointing out that in 2017, poet Nisar Ahmed had been invited as chief guest for the same event. The court underscored that Dasara in Mysuru is a state festival (Naada Habba) and cannot be reduced to a purely religious ceremony.
On Thursday, advocate Sughosh Subramanyam had mentioned the matter before Chief Justice of India Bhushan R Gavai, seeking urgent listing in view of the September 22 event. The CJI had assured that it would be taken up on Friday.
On September 15, a division bench of chief justice Vibhu Bakhru and Justice CM Joshi rejected the petitions, holding that no constitutional or legal right of the petitioners was violated by the State’s choice of chief guest. “We are not persuaded to accept that permitting persons of different faith to the function organised by the State violates any legal or constitutional right of petitioners or in any manner is opposed to values enshrined in the Constitution of India. Accordingly, petitions are dismissed,” the high court bench ruled.
The court held that Dasara is a state festival in which people of all communities participate, and should not be reduced to a religious ritual. It also rejected arguments based on Article 26 (freedom to manage religious affairs), pointing out that neither any temple nor trustee had objected to the State’s decision. “This is a secular State. You tell us how is Article 26 attracted,” the bench asked.
Advocate General Shashi Kiran Shetty, appearing for the state, reminded the court that in 2017, poet Nisar Ahmed, also a Muslim, had been invited as chief guest, and Pratap Simha himself had attended the event without protest. He further clarified that the choice of Mushtaq this year was made by a 62-member invitation committee comprising legislators and MPs across party lines.
Despite the high court ruling, the issue has snowballed into a political and cultural controversy. Several BJP leaders, including Union minister Shobha Karandlaje, have argued that a Muslim writer should not inaugurate a festival dedicated to Goddess Chamundeshwari, with some questioning Mushtaq’s past speeches and writings.
Even members of the Mysuru royal family, historically associated with Dasara, have expressed divergent views. BJP MP Yaduveer Krishnadatta Chamaraja Wadiyar suggested that Mushtaq should publicly affirm her reverence for the goddess before presiding, while Pramoda Devi Wadiyar said the government-led Dasara is primarily a cultural event, even as she acknowledged the temple’s Hindu character.
The ruling Congress, however, has stood firmly behind the decision. Karnataka chief minister Siddaramaiah and deputy chief minister DK Shivakumar have maintained that Dasara was for everyone, while labour minister Santosh Lad asked whether the Constitution anywhere barred Mushtaq from inaugurating it.
Mushtaq, who became the first Kannada author to win the International Booker Prize earlier this year, has welcomed the invitation. “Dasara is everyone’s festival, it is the Naada Habba,” said Mushtaq, recalling childhood memories of watching the Jambu Savari procession with her parents. “Calling Chamundeshwari mother, calling it Naada Habba is part of our culture. I am happy I have been invited to inaugurate it,” she added.
