The Karnataka High Court dismissed multiple petitions challenging the State Government’s decision to invite author Banu Mushtaq as the Chief Guest for the inauguration of the Dasara (also spelt Dussehra) festival in Mysuru. The petitions had been filed by persons including a BJP leader, among others, seeking a direction to withdraw the invitation on the ground that choosing a person of non-Hindu faith for the role was objectionable in the context of a Hindu religious festival.
A division bench headed by Chief Justice Vibhu Bakhru and Justice C. M. Joshi heard arguments from petitioners and the State. The petitioners contended, inter alia, that Banu Mushtaq had made remarks in 2023 which were allegedly “anti-Kannada,” and that Dasara is a celebration deeply linked with Hindu religious tradition, involving idol worship and ritual observances; hence they argued that only someone of Hindu faith should be invited to perform or inaugurate the festival. They claimed that inviting a non-Hindu to perform pooja or inaugurate the festivities would violate religious sensibilities and implied that it would run contrary to the customs and spiritual nature of the festival.
On behalf of the State, counsel argued that Dasara is a state-organized public celebration, involving participation across religions, and that past invitees from various faiths had been part of the event. The State emphasized that Banu Mushtaq is a Booker Prize winning author, and that the invitation was a matter of state discretion in a cultural event, not a religious proscription. The Bench noted that the committee for selecting the Chief Guest comprises a diverse group of high-standing persons, including elected representatives.
The Court considered issues of constitutional law, including secularism and freedom of religion. It asked whether petitioners could show any legal or constitutional right being violated by the invitation of a person of another faith. The Court found that permitting a non-Hindu person to attend or serve as Chief Guest at a state function—even if that event is connected historically or culturally with a Hindu festival—does not infringe on the rights of others. The Court held that the State, in inviting Banu Mushtaq, did not violate any constitutional provision or legal principle. It observed that no property, religious seat, or rights under Article 26 (which relates to freedom to manage religious affairs) were being taken away or harmed. The Court also observed that public opinion or religious custom alone cannot override constitutional guarantees of equality and secularism.
The petitioners also complained that Banu Mushtaq should deliver an undertaking that she would “abide by rituals” or retract anti-Kannada remarks. The Court rejected these contentions, stating that expressing opinion is part of free speech, and that there was no legal basis to demand such undertakings. The Court said that making someone’s past speeches or opinions a basis for disqualifying them is not supported unless it is shown that those opinions violate clear legal prohibitions.
The Bench underscored that India is a secular state, and that the State’s decision to include persons of different faiths in cultural and public functions is permissible under the Constitution. It also noted precedent of such invitations in prior years, where non-Hindus had been invited to similar functions, including in Dasara, and even petitioners themselves or their political affiliations had in past accepted such practices. The Court remarked that Dasara (Vijaydashmi) is a celebration of the victory of good over evil, observed widely, and not limited purely to religious ritual in ways that exclude the invitation of persons of other faiths to non-ritualistic roles in state-organized celebrations.
Ultimately, the Court dismissed the petitions, holding that there was no legal or constitutional infirmity in the Government’s decision to invite Banu Mushtaq as Chief Guest. The order confirming the invitation was upheld.
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