Today, the Supreme Court dismissed the plea challenging the decision of the Government of Karnataka to invite Banu Mushtaq as Chief Guest to inaugurate the Dasara festivities.

Earlier, the High Court of Karnataka dismissed the Petition and observed that the participation of a person practising a particular faith or religion in celebrations of festivals of another religion does not offend the rights available under the Constitution of India.

The Bench of Justice Vikram Nath and Justice Sandeep Mehta heard the matter and dismissed it.


Senior Advocate PB Suresh, appearing for the Petitioner, submitted that there were two aspects of the Dasara Festival, first is the inauguration, and second is the puja

Justice Nath said the intention to file this Writ Petition was very clear and asked, "Why did you file this petition? What is the ground taken in the petition?"

The Senior Advocate replied that it affects fundamental right under Article 25 of the Constitution of India. PB Suresh further vehemently submitted that a non-Hindu person should not be allowed to inaugurate the festival, however, Justice Nath asked, "What is the Preamble of this Country?"

Suresh submitted that, despite the preamble, no one can interfere in the Petitioner's religious activities. To which Justice Nath said, "This is a state event, not a private programme."

"Inauguration has two aspects to it, one is the secular activity, where they inaugurate. The second is which takes place, inside the temple premises. That is purely not a secular activity. It attains the colour of spiritual act or a religious act...When ceremony, a puja is conducted and they are made part of it, it is totally different...the State here is purely political", submitted Suresh.

On hearing the submissions, Justice Nath said, "Dismissed."

Thereafter, Suresh submitted that Mushtaq may be allowed to inaugurate, but should not be allowed to participate in ceremonies and puja inside the temple.

The Supreme Court refused the same, and the matter was dismissed.

Background

Initially, a petition was filed before the High Court of Karnataka against the decision of the Government of Karnataka to invite Banu Mushtaq as Chief Guest to inaugurate the Dasara festivities, atop the Chamundeshwari Hills, on September 22, 2025.

As per the petitioner, it was not appropriate to invite the respondent for the inaugural function, as it involved active participation in Hindu religious rituals, including the lighting of a sacred lamp (Deepa Prajwalam) before the sanctum sanctorum and offering flowers, fruits and other traditional items to the deity. It also involved participating in Vedic prayers and chanting, setting a spiritual tone to the ten-day celebrations.

However, the High Court of Karnataka did not accept that the said invitation offended Articles 25 or 26 of the Constitution of India. The Bench noted that the festivities were being organised by the State every year, and an accomplished person was called for the inaugural ceremony.

“The persons in the past have included scientists, educationists, authors, freedom fighters. Undisputedly, respondent No.4 is an accomplished author and 2025 Booker Prize winner. She is also a lawyer and a social activist. She has also served in various public offices, including being a Member of the Hassan City Municipal Council, Chairperson of the Visitor's Board of Chamarajendra Hospital, Member of the State Library Authority and Chairperson of the Hassan District Samata Vedike and Women's Development Forum”, the High Court observed.

Cause Title: H.S. Gaurav Versus The State Of Karnataka And Ors. (SLP(C) No. 26999/2025 IV-A)

Justice Vikram NathJustice Sandeep Mehta

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.