Inviting a non-Hindu to state-sponsored Hindu festivities does not infringe upon Articles 25 and 26 of the Constitution, affirming that participation in state functions transcends individual religious beliefs.

ORDER :

VIBHU BAKHRU, C.J.

1. The petitioners have filed the present petitions challenging the decision of the Government of Karnataka to invite respondent No.4 as Chief Guest to inaugurate the Dasara festivities, atop the Chamundeshwari Hills, on 22.09.2025. The petitioner in W.P.No.27824/2025, submits that it is not appropriate to invite respondent No.4 for the inaugural function, as it involves 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 and further participating in Vedic prayers and chanting, setting a spiritual tone to the ten day celebrations.

2. The learned counsel appearing for the said petitioner submits that inviting respondent No.4 hurts the sentiments of people, as she has made statements, which are anti-Hindu and anti- Karnataka. He also handed over a memo along with the translation of an extract from the speech of respondent No. 4, which he claims is an affront to Hindus and Kannada. He contended that the impugned invitation extended to respondent No.4, offends Articles 25 and 26 of the Constitution of India. He also referred to the decisions of the Supreme Court in Commissioner, Hindu Religious Endowments , Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt: (1954) 1 SCC 412 and Adi Saiva Sivachariyargal Nala Sangam and others v. Government of Tamil Nadu and another : (2016) 2 SCC 725 , in support of his aforesaid contentions.

3. The learned counsel appearing for the petitioners in W.P.No.27692/2025 and W.P.No.27595/2025, also supported the said contention. In addition, they contended that since respondent No.4 is not of the Hindu faith, she is not entitled to inaugurate the festivities of the Dasara, which is predominantly a Hindu festival. They submitted that inaugural ceremonies involve rituals which have to be performed according to Hindu Agamic traditions. They submitted that the inauguration ceremony would involve lighting of the ceremonial lamp and offering prayers to Goddess Shri Chamundeshwari and showering flowers and petals before the deity. They submitted that such practices can only be performed by a Hindu and no person other than one following the Hindu faith could be permitted to perform the said rituals. He also relied on the decision of the Madras High Court in D. Senthilkumar v. Government of Tamil Nadu and others : W.P.(MD)Nos.18485/2023 and the decision of the Supreme Court in Sri. Venkataramana Devaru and others v. The State of Mysore and others : AIR 1958 SC 255 , in support of their contention that the agamic traditions were protected under Articles 25 and 26 of the Constitution of India.

4. Mr. K. Shashikiran Shetty, the learned Advocate General appearing for the State countered the said submissions. He submitted that respondent No.4 is an acclaimed author and is a Booker Prize winner. He submitted that the function to which she is invited is a State function and there can be no discrimination on the ground of Religion or caste. He also submitted that the petitioner in W.P.No.27595/2025 could not object the invitation to respondent No.4, on the ground that she is a Muslim. He submitted that in the year 2017, Dr. Nissar Ahmed was also invited for the inaugural of the said festivities and the petitioner had shared the stage with him. Additionally, he a