K'taka HC quashes petitions opposing Banu Mushtaq inaugurating Dussehra festival

Bengaluru, Sep 15 The Karnataka High Court on Monday quashed all three petitions submitted by former BJP MP Pratap Simha and two others seeking a stay on the Congress-led government’s decision to have Booker Prize winner Banu Mushtaq inaugurate the historic festival.

The matter was heard by the Division Bench headed by Chief Justice Vibhu Bakhru and Justice C.M. Joshi. The High Court quashed all the petitions by observing that no rights had been violated.

The counsel for the government, Advocate General Shashikiran Shetty, has submitted to the court that the petitioners should be imposed a fine. However, the court rejected the plea. The Chief Justice observed that the Vijaya Dashami festival is celebrated across the country, and it signifies the victory of good over evil.

Earlier, senior counsel Sudarshan presented arguments in favour of Pratap Simha. The counsel submitted that there is a tradition of paying floral tributes to Goddess Chamundeshwari during the inauguration of Dussehra, and there is opposition to Banu Mushtaq inaugurating the festival.

Counsel Sudarshan also stated that the decision of the government to invite Banu Mushtaq for the inauguration of Dussehra was incorrect. He claimed that Banu Mushtaq has issued anti-Hindu statements and made remarks against the Kannada language. Banu Mushtaq had reportedly made objectionable statements against Goddess Bhuvaneshwari and the Kannada flag.

The counsel submitted the English translations and video clippings of these objectionable statements by Banu Mushtaq. He also pointed out her objections to the Kannada flag, which consists of haldi (yellow) and red (sindoor) colours.

Chief Justice Vibhu Bakhru observed that in this country, expressing opinions is not a mistake. The Chief Justice asked the petitioner to specify which fundamental right had been violated. "Even you can express your opinion at an appropriate forum. You need to explain which of the rights enshrined in the Constitution have been violated," the Chief Justice remarked.

The court verdict has assumed significance as the decision of the Congress-led state government to choose Banu Mushtaq for inaugurating the historic Dussehra festival was opposed by the BJP and Hindu outfits. However, the state government has reiterated its stance to have the Dussehra festival inaugurated by Banu Mushtaq. Deputy Chief Minister and State Congress President D.K. Shivakumar’s statement that Chamundi Hills is not exclusive to Hindus added to the furore.

The petition to the High Court by Pratap Simha came after the state government extended an invitation with honours to Banu Mushtaq to inaugurate Dussehra, despite opposition. Questioning the government’s decision, Pratap Simha appealed to the court, stating that during the Dussehra inauguration, floral tributes must be offered to the idol of goddess Chamundeshwari. He pointed out that the custom involves the recital of the Vedic Mantras and performance of religious rituals, and alleged that Banu Mushtaq is anti-Hindu.

“The government has unilaterally chosen Banu Mushtaq to inaugurate the Dussehra festival without consultations. She has also expressed views against the Kannada language,” Pratap Simha alleged. He further mentioned in his petition that the royal family of Mysuru had also opposed the Karnataka government’s move.

After the government decided to allow Banu Mushtaq to inaugurate Dussehra, three PILs were filed in the Karnataka High Court opposing the inauguration of the historical Dussehra festivities in Mysuru city by Banu Mushtaq.

In his PIL, H.S. Gourav, a resident of Bengaluru, sought a direction from the court to the state government to revoke the decision. He also pleaded that the act of inaugurating Dussehra should be declared an integral part of Hindu tradition and must be performed by Hindu dignitaries.

He further stated that without hurting the sentiments of Hindus, the inauguration should be conducted in accordance with 'Hindu Agamic' practices. Similarly, PILs have also been submitted by Bengaluru-based industrialist T. Girish Kumar and National Vice President of the Abhinava Bharat Party, R. Sowmya.

Earlier, representatives of Hindu organisations had met Banu Mushtaq at her residence and submitted a memorandum urging her to decline the state government’s invitation to inaugurate the historic Dussehra festival, as it would hurt the religious sentiments of Hindus.

On August 22, the Karnataka government announced that Booker Prize-winning writer and activist Banu Mushtaq would inaugurate the historic and world-famous Dussehra festivities in Mysuru this year.

Chief Minister Siddaramaiah said, “Banu Mushtaq, a writer from Hassan in Karnataka, will inaugurate the world-famous Dussehra Mahotsav this year. The festivities will begin on September 22, and Vijaya Dashami will be observed on the 11th day, which falls on October 2. This is a special occasion. She is a Booker awardee.”

He further added, “Banu Mushtaq’s literary work *Hrudaya Deepa* won the Booker Prize. It is a matter of pride and joy for us that a woman writer from Karnataka has received this honour. Banu Mushtaq comes from a background of struggle. She was associated with farmers’ organisations, Kannada agitations, and progressive movements. Significantly, a woman has been invited to inaugurate Dussehra.”

However, the BJP has released a video in which Banu Mushtaq is seen delivering a speech opposing the idea of equating the Kannada language with Goddess Bhuvaneshwari and the yellow and red colours of the Kannada flag with 'haldi' and 'sindoor'. They argued that she does not respect Hindu sentiments and should not be allowed to inaugurate the Dussehra festivities. The government, however, has maintained that Dussehra is a 'Nada Habba' (festival of the land) and not strictly a religious event.

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