Bababudangiri row: HC says 2018 govt. order on rituals infringes rights of Hindus, Muslims

Court directs the State govt. to consider matter afresh as per law

Observing that the Government Order of 2018 on Sree Dattatreya Bababudan Swamy Dargah in Chikkamagaluru infringes the rights of both Hindus and Muslims, the High Court of Karnataka on Tuesday quashed the GO which had authorised only the Mujawar appointed by Shah Khadri to perform prescribed religious practices and rituals of both the communities by entering the santum sactorum.

“Article 25 of the Constitution guarantees freedom of conscience and free profession, practice and propagation of religion. By the impugned order [of 2018], firstly, the State have infringed upon the right of Hindu community to have the puja and archana done in the manner as per their faith. Secondly, State have imposed upon the Mujawar to perform ‘paduka pooja’ and to light ‘nanda deepa’ contrary to his faith. Both these acts amount to flagrant violation of rights of both communities guaranteed by Article 25 of the Constitution of India,” the court observed.

The court also found that the report of a three-member high-level committee (HLC), headed by a retired High Court judge, was “not free from bias” as the HCL had rejected the second report of the Endowment Commissioner, before whom one of the members of the HCL had deposed on the same issue.