Written by Suchitra Kalyan Mohanty for The New Indian Express

The Supreme Court on Friday rejected an appeal filed by a petitioner challenging the Karnataka High Court's order, which interfered with the State government's decision to invite International Booker Prize-winning author Banu Mushtaq as the Chief Guest to inaugurate the Dasara festivities in Mysuru on September 22.

During the hearing, the two-judge bench of the top court, headed by Justice Vikram Nath and Justice Sandeep Mehta, asked the petitioner about the purpose of filing the plea.

Petitioner’s lawyer H.S. Gaurav argued that the issue affected his client’s rights under Article 25 of the Constitution. The Supreme Court then asked him what the Preamble of India states. When Gaurav replied “secular,” the bench added, “but that should not interfere with my religious activities.”

The top court then dismissed the appeal, stating, "This is a state program... how can the state distinguish between A, B, and C?"

In his plea, the counsel urged the Supreme Court to pass an order, contending that performing puja inside a temple was a religious act, not a secular one, and cited a series of judicial precedents.

The petition claimed that Mushtaq’s participation would hurt the sentiments of people, as she has made “anti-Hindu” statements in the past.

He submitted, “Statements have been made which, according to us, are against our religion. Under these circumstances, you cannot invite such people. There are two aspects — one, a person professing secular credentials, and the other, someone taking a completely opposite stand against us,” the lawyer argued.

However, the top court eventually rejected his plea.

The petitioner, Gaurav, approached the top court following the Karnataka High Court’s dismissal of his plea, after noting that “interfaith participation in religious festivals is not against the Constitution.”

The petitioner told the top court, “The inauguration would involve lighting a lamp before the sanctum sanctorum of Goddess Chamundeshwari. The High Court erred in not appreciating that this cannot be performed by a non-Hindu.”

Earlier, on September 15, a two-judge bench of the High Court, headed by Chief Justice Vibhu Bakhru and Justice C.M. Joshi, rejected a batch of petitions—including Gaurav’s.

Rejecting the pleas, the HC had said Mushtaq is an accomplished person and none of the guarantees recognised under Articles 25 and 26 of the Constitution are offended in the case.

"Undisputedly, the festivities are organised by the State every year. And, an accomplished person is called for the inaugural ceremony. The persons in the past have included scientists, educationists, authors, freedom fighters. Undisputedly, respondent No.4 (Banu Mushtaq) 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," said the HC.

It also clarified — while rejecting the pleas — that the participation of a person practising a particular faith or religion, in celebrations of festivals of other religions, does not offend the rights available under the Constitution of India.

Gaurav, in his petition said that the HC had erred by not appreciating the fact that the inauguration commences with the performance of rituals and religious hymns before the deity, in the presence of millions of devotees.

"If such an inauguration is conducted by a person belonging to a different faith, it violates the religious beliefs of Hindu worshippers and risks defiling the sanctity of the festival by contravening established rules relating to the worship of the deity on this auspicious day. The HC erred by not appreciating the fact that the performance of Pooja by a Hindu dignitary is an essential religious practice protected under Article 25. Hence, state interference by altering this practice amounts to a violation of the fundamental rights of Hindus," said the plea.

Gaurav further added that the HC erred by not appreciating the fact that while the State may support cultural celebrations, it cannot alter or dilute the inherently religious character of a Hindu festival rooted in temple and Agamic traditions.