The refusal to permit the use of a public facility for Dharmic or cultural activities without a supporting government policy or law is arbitrary and unreasonable, as secularism does not prohibit such activities.

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER / COMMUNICATION AT ANNEXURE-H DATED 18.03.2026 ISSUED BY THE RESPONDENT NO.4 BEARING HI.SA.THO.NI (PA-2)/PR/67/2025-26 AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

1. The petitioner is a Trust. It sought the permission of respondent Nos.2 to 4 to conduct a function on the revered Acharya Shankaracharya, in the light of Sri Shankaracharya Jayanthi being celebrated in the country on 21.04.2026, at Yoga Auditorium in Sankey Tank Park. The said request has been turned down by respondent No.4 on the ground that the auditorium cannot be utilized for Dharmic activities. Aggrieved by the same, the present writ petition is filed.

2. The case of the petitioner is that there are no rules and regulations framed as to what are the activities that can be conducted in the concerned auditorium and that the State has been permitting certain activities in the auditorium and its institutions. It is further submitted that the said auditorium is also allotted to private individuals for conducting programs. In this regard, the petitioner has produced material evidencing that concerts and other programs organized by private organizations have been permitted to be held in the said premises.

3. The learned counsel appearing for respondent Nos.2 to 5, upon instructions, submits that the auditorium is generally not given for religious and Political activities. However, he is unable to contravene the aforementioned submissions made by the learned counsel for the petitioner. He, however, submits that the said auditorium is a yoga center and if it were to be for any yoga related activities, permission would have been granted.

4. The learned counsel appearing for respondent Nos. 2 to 5 is unable to produce any guidelines or regulations stipulating the purposes for which the auditorium can be utilized. Though it is contented that the auditorium is meant for promoting yoga activities, it is seen from the past usage that activities which does not pertain to yoga were also permitted in the auditorium. However, as already stated above, no regulation or decision by the Government which bans conduct of Dharmic activities in the auditorium is produced by the respondents.

5. Shankaracharya is one of the most revered Acharyas of India and the Advaita philosophy propagated by him is one of the foremost philosophical traditions of the country. Sri.Shankaracharya Jayanthi celebration under the circumstances has to be considered both Dharmic as well as cultural. Though India is a secular country, it does not mean that the Dharmic and cultural activities in the country cannot be entertained.

6. In fact, the greatness of Indian Civilization is intertwined with its Dharmic and cultural activities and removing it amounts to removing the soul from the country. The Constitution of India itself contains pictures of seal from the *Indus civilization¹Corrected vide chamber order dated 27.04.2026., a Gurukul - an integral part of the Indian Education System, Ramayana, Bhagavad Gita, Gautama Buddha, Mahavira Swami and the like. Thus, the celebration of Indian culture, which is intertwined with Dharma, can never be considered as illegal or unconstitutional. In fact, the goodness in the same