New Delhi, 19 Sept

The Supreme Court dismissed a plea challenging Karnataka's invite to International Booker Prize winner Banu Mushtaq to inaugurate Mysuru Dasara celebrations this year and asked how could the state "distinguish between A, B and C".

"What is the Preamble of this country?" a bench of Justices Vikram Nath and Sandeep Mehta asked the counsel appearing for the petitioner, who challenged the 15 September order of the Karnataka High Courtwhich dismissed the pleas against the state's decision.

The festival is set to begin on 22 September.

While the counsel for petitioner HS Gaurav expressed no dispute about the inauguration of the event, calling it a secular activity, he drew the bench's attention to the activity happening inside the temple premises.

"That is purely not a secular activity. It attains the colour of a spiritual act or a religious act," he said.

The bench, however, called it a state event and asked him, "It is not a private programme. The state is organising it. How can the State distinguish between A, B and C?"

The apex court referred to the HC's order which noted that one of the petitioners before the high court had shared the stage with Dr Nissar Ahmed, who was invited for the inaugural of the festivities in 2017.

"Is that correct or not?" the bench asked thepetitioner's counsel.

The lawyer said there were two aspects of programme, the one being inauguration and the second being the puja or worship.

"Why did you file the petition? What is the ground taken in the petition?" the bench asked.

The counsel said the state's decision affects his Article 25 rights.

Article 25 of the Constitution deals with freedom of conscience and free profession, practice and propagation of religion.

The bench asked whether the right of the petitioner was not affected in 2017.

"They can't interfere with my religious activities," the lawyer said and referred to some verdicts of the apexcourt.

Referring to the activities inside the temple premises, he said, "Under these circumstances, when the colour of that particular act where inside the temple premises, a ceremony and a puja is being conducted and they are made a part of that ceremony, it is totally different."

He claimed the state's decision was "purely political".

After the lawyer questioned the state's decision to bring Mushtaq inside the temple premises for the purpose of a religious function, the bench held, "Dismissed."

The lawyer then claimed since 2017, statements were made against religion.

"You can't invite such a person. There are two things. One person who professes secular credentials and other person who takes a diagonally opposite stand against us," he said.

He said Banu could be allowed to inaugurate the function but she can't be made a part of the rituals inside the temple premises.

"We have said three times, dismissed," Justice Nath stressed.

Previously, the high court refused to hear four PILs, including one filed by former BJP MP from Mysuru Pratap Simha, saying the petitioners failed to demonstrate any constitutional or legal violation.

The appeal was filed in the top court challenging the high court order which upheld the state government's decision to invite Mushtaq, a woman Muslim dignitary, to inaugurate the Dasara festivities scheduled for 22 September.

The plea assailed the high court's reasoning, saying the inaugural rituals of Dasara, which take place at the Chamundeshwari Temple atop Chamundi Hills, are not merely symbolic but constitute an essential religious practice protected under Article 25 of the Constitution of India.

The inauguration involves lighting of the ceremonial lamp, offering of kumkum, turmeric, fruits, and flowers before the sanctum sanctorum of Goddess Chamundeshwari.

The plea said these acts of Hindu worship are governed by Agamic traditions, which are not to be performed by a non-Hindu.

The plea said, "The high court erred by not appreciating the fact that for inauguration of Dasara in the premises ofGoddess Chamundeshwari temple a pooja has to be performed which cannot be performed by a non-Hindu".

The Mysuru district administration on September 3 formally invited Mushtaq, despite objections from some sections, including BJP's opposition.

The controversy stems from allegations that Mushtaq made statements in the past that are perceived by some as "anti-Hindu" and "anti-Kannada".

The festivities will begin in Mysuru from 22 September and culminate on Vijayadashami on 2 October.

Dasara is traditionally inaugurated by showering flowers on the idol of Goddess Chamundeshwari, the presiding deity of Mysuru and its royals, amid chanting of Vedic hymns at the Chamundeshwari temple.