HC dismisses PIL against Banu Mushtaq inaugurating Dasara fete

HC dismisses PIL against Banu Mushtaq inaugurating Dasara fete
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Bengaluru: The Karnataka High Court on Monday dismissed a public interest litigation (PIL) filed by BJP leader and former MP Pratap Simha and others, who had opposed the selection of Booker Prize–winning writer Banu Mushtaq to inaugurate this year’s Mysuru Dasara.

The division bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Joshi held that there was no violation of any constitutional right in the matter. “We do not find any infringement of rights in this case. Hence, the petition is dismissed,” the bench ruled.

Pratap Simha’s counsel, Sudarshan, argued that inviting Banu Mushtaq was “inappropriate” as she had allegedly made remarks against Hindu traditions and the Kannada language. “She has given objectionable statements about Goddess Bhuvaneshwari and the Kannada flag. Such a person should not be chosen to inaugurate Dasara,” the counsel submitted, producing English translations of her remarks before the bench.

The petition also contended that the inauguration of Dasara, which begins with a floral offering to Goddess Chamundeshwari, should not be entrusted to someone “opposed to the tradition.” The Chief Justice, however, questioned the very basis of the petition. “In this country, it is not wrong for someone to express their opinion. Which of your rights have been violated here?” he asked.

He further pointed out, “If a priest’s right to perform rituals is taken away, you may question it. If someone’s property is seized, you may challenge it. But in this case, what right of yours has been violated?”

When the petitioners’ counsel argued that the tradition of offering flowers to Chamundeshwari was being undermined, the bench responded firmly: “Observing etiquette is one issue. But please make arguments regarding your legal right. The Constitution recognizes the right to practice religion. That does not mean every appointment or invitation can be challenged on personal grounds.”

Apart from Pratap Simha, two other individuals—T. Girish Kumar and H.S. Gaurav—had also filed similar PILs opposing Banu Mushtaq’s role in the inauguration. All of them were dismissed by the court on the same reasoning. Arguing for the state government, Advocate General Shashikiran Shetty sought even stronger action, urging the court to impose costs on the petitioners for filing what he described as a discriminatory plea.

“The same Pratap Simha shared the stage with Nisar Ahmed when he inaugurated Dasara earlier. There was no objection then. Now, only because Banu Mushtaq is a Muslim woman, they are opposing her. This is discriminatory and unacceptable,” Shetty told the bench.

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