Bano MushtaqThe Mysuru district administration recently sent a formal invite to Mushtaq, despite objections from some sections, including Karnatakas opposition BJP. (Photo: X)
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The Mysuru district administration on September 3 formally invited Mushtaq, despite objections from some sections, including the BJP. File photo

SC scraps plea over Mysuru Dasara invite to Banu Mushtaq

Top court tells petitioner that Dasara inauguration, for which Mushtaq has been invited, is a state event and govt cannot distinguish between ‘A, B and C’


The Supreme Court on Friday (September 19) turned down a petition challenging the Karnataka government’s invite to International Booker Prize winner Banu Mushtaq to inaugurate Mysuru Dasara celebrations in the state this year, arguing that the state cannot "distinguish between A, B and C".

The festival is set to begin on September 22.

‘Not purely a secular activity’, argues petitioner

“What is the preamble of this country?” a bench of Justices Vikram Nath and Sandeep Mehta asked the counsel appearing for the petitioner, who challenged the September 15 order of the Karnataka High Court which dismissed the pleas against the state's decision.

Also read: Karnataka: More PILs against invite to Banu Mushtaq to inaugurate Mysuru Dasara

While the counsel for petitioner HS Gaurav expressed no dispute about the inauguration of the event, calling it a secular activity, he drew the bench's attention to the activity happening inside the temple premises.

"That is purely not a secular activity. It attains the colour of a spiritual act or a religious act," he said.

State can’t distinguish between A, B,C: SC

The bench, however, called it a state event and asked him, "It is not a private programme. The state is organising it. How can the state distinguish between A, B and C?"

The apex court referred to the high court's order which noted that one of the petitioners before the high court had shared the stage with Dr Nissar Ahmed, who was invited for the inaugural of the festivities in 2017.

"Is that correct or not?" the bench asked the petitioner's counsel.

The lawyer said there were two aspects of programme, the one being inauguration and the second being the puja or worship.

"Why did you file the petition? What is the ground taken in the petition?" the bench asked.

Also read: Mysuru district administration formally invites Banu Mushtaq to inaugurate Dasara

Petitioner cites Article 25

The counsel said the state's decision affects his Article 25 rights.

Article 25 of the Constitution deals with freedom of conscience and free profession, practice and propagation of religion.

The bench asked whether the right of the petitioner was not affected in 2017.

"They can't interfere with my religious activities," the lawyer said and referred to some verdicts of the apex court.

Referring to the activities inside the temple premises, he said, "Under these circumstances, when the colour of that particular act where inside the temple premises, a ceremony and a puja is being conducted and they are made a part of that ceremony, it is totally different." He claimed the state's decision was "purely political".

PIL questions Banu’s entry into temple

After the lawyer questioned the state's decision to bring Mushtaq inside the temple premises for the purpose of a religious function, the bench held, "Dismissed." The lawyer then claimed since 2017, statements were made against religion.

Also read: Saying Chamundeshwari Temple doesn’t belong to Hindus insensitive: Mysuru royal

"You can't invite such a person. There are two things. One person who professes secular credentials and other person who takes a diagonally opposite stand against us," he said.

He said Banu could be allowed to inaugurate the function but she can't be made a part of the rituals inside the temple premises.

"We have said three times, dismissed," Justice Nath stressed.

Previously, the high court refused to hear four PILs, including one filed by former BJP MP from Mysuru Pratap Simha, saying the petitioners failed to demonstrate any constitutional or legal violation.

Why invite to Banu is facing resistance?

The appeal was filed in the top court challenging the high court order which upheld the state government's decision to invite Mushtaq, a woman Muslim dignitary, to inaugurate the Dasara festivities scheduled for September 22, 2025.

Also read: Karnataka BJP leaders question choice of Banu Mushtaq for Dasara inauguration

The plea assailed the high court's reasoning, saying the inaugural rituals of Dasara, which take place at the Chamundeshwari Temple atop Chamundi Hills, are not merely symbolic but constitute an essential religious practice protected under Article 25 of the Constitution of India.

The inauguration involves lighting of the ceremonial lamp, offering of kumkum, turmeric, fruits, and flowers before the sanctum sanctorum of Goddess Chamundeshwari.

The plea said these acts of Hindu worship are governed by Agamic traditions, which are not to be performed by a non-Hindu.

The plea said, "The high court erred by not appreciating the fact that for inauguration of Dasara in the premises of Goddess Chamundeshwari temple a pooja has to be performed which cannot be performed by a non-Hindu".

We must strive for unity in diversity: CM

Welcoming the Supreme Court’s order, Karnataka Chief Minister Siddaramaiah underscored the importance of tolerance and coexistence.

He urged people to strive for unity in diversity.

Also read: Mysuru Dasara may see Abhimanyu’s last walk as Golden Howdah bearer this year

“People who opposed her (Mushtaq’s) selection went to the High Court and the Supreme Court. Their pleas were rejected at both the places,” the chief minister said, adding the Dasara inauguration is not a religious matter, but a cultural one.

"Further, this (Dasara) is the state festival.” Noting that India is home to various faiths and castes, the Siddaramaiah said, "We must have tolerance for other faiths and we should live and prosper together. We must strive for unity in diversity."

Controversial start to Dasara celebrations

The Mysuru district administration on September 3 formally invited Mushtaq, despite objections from some sections, including the BJP.

The controversy stems from allegations that Mushtaq made statements in the past that are perceived by some as "anti-Hindu" and "anti-Kannada".

The festivities will begin in Mysuru from September 22 and culminate on "Vijayadashami" on October 2.

Also read: Dasara celebrations: Karnataka's rich culture depicted

Dasara is traditionally inaugurated by showering flowers on the idol of Goddess Chamundeshwari, the presiding deity of Mysuru and its royals, amid chanting of Vedic hymns at the Chamundeshwari temple.


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