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

New Delhi:

The Supreme Court has dismissed a petition contesting the Karnataka government's invitation to Booker Prize recipient Banu Mushtaq as chief guest for the Dussehra celebrations at the renowned Chamundeshwari Hills on Monday.

A judicial bench comprising Justice Vikram Nath and Justice Sandeep Mehta criticized the petitioner while questioning the basis for challenging the High Court's decision to reject the plea.

Justice Nath instructed the petitioner to study the Preamble to the Indian Constitution and questioned how one could expect the state to discriminate between its citizens based on religious affiliation.

The top court emphasized that the Dussehra festivities are actually organized by the state government, referencing previous instances, including one where Kannada poet KS Nissar Ahmed served as chief guest at the event.

Justice Nath inquired, "Were your fundamental rights not infringed upon at that time?"

Senior Advocate PB Suresh, representing the petitioner, argued to the court that inviting Banu Mushtaq to inaugurate a religious ceremony violated fundamental rights under Article 25, which stipulates that the State cannot interfere with citizens' religious activities.

He further contended that allowing Ms. Mushtaq to perform religious ceremonies would infringe upon the constitutional rights to freedom of religious practices for the Hindu community.

The advocate maintained that while she could inaugurate the event, she should not be permitted inside the temple, not only due to her non-Hindu status but also because she purportedly lacked secular credentials based on her previous statements.

However, the Supreme Court reminded the petitioner that this was indeed a state event rather than a religious one.

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

"Interfaith participation in religious festivals is not contrary to the Constitution," stated the High Court while dismissing the petition against the Dussehra celebrations to be inaugurated by Banu Mushtaq.

On September 15, a Division Bench led by Chief Justice Vibhu Bakhru and Justice CM Joshi had rejected multiple petitions claiming Banu Mushtaq's participation would offend public sentiment due to alleged 'anti-Hindu' statements she had made previously.

One petitioner argued it was inappropriate to invite her as the inaugural function involved active engagement in Hindu religious rituals, including lighting a sacred lamp (Deepa Prajwalam) and presenting prayers and flowers to the deity.