Karnataka High Court Upholds Single Judge Order Against State's Decision Permitting Only Muslim Priest To Perform Rituals At Datta Peeta

The Karnataka High Court on Monday dismissed an appeal challenging a Single Judge's order which quashed State's decision to permit only a Mujawar (Muslim Priest) to perform the rituals at the Datta Peeta - a holy cave shrine in Chikmaguluru which is revered both by Hindus and Muslim communities.

The State had ordered that only a Mujawar appointed by Shah Khadri shall be permitted to enter the sanctum of the "Sri Guru Dattathreya Swamy Peeta" otherwise known as "Sree Gurudattathreya Bababudnaswamy Dargha" cave and to distribute 'teertha' to both Hindus and Muslims.

In September 2021, single bench of Justice PS Dinesh Kumar had found this to be a flagrant violation of rights of both communities guaranteed by Article 25 of the Constitution of India.

A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil today dismissed the appeal. The detailed copy of the order will be made available in due course.

The single Judge had remitted the matter back to the State government with a direction to reconsider the matter afresh in accordance with law without reference to the Report of the High-Level Committee. It said,

"Though the versions of a large number of devotees recorded by the Endowment Commissioner including that of the Mujawar who was working during 1975, demonstrate that both Hindus and Muslims were worshipping as per their respective customs, the State Government have chosen to accept the High Level Committee's recommendation to reject Endowment Commissioner's Report. The High Level Committee Report is not free from the vice of bias."

The single Judge added, "By the impugned order, firstly, the State have infringed upon the right of Hindu Community to have the pooja and archana done in the manner as per their faith. Secondly, the State government 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."

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Case Background:

Guru Dattatreya Peetha Samvardhana Samithi had presented the writ petition with a prayer inter alia to issue a writ of certiorari and to quash the impugned Government Order; and to direct the State Government to implement Endowment Commissioner's Report dated 10.03.2010.

On 01.03.1985, the High Court disposed of a writ petition with a direction to the Commissioner for Religious and Charitable Endowments in Karnataka shall have the matter enquired into through the Muzrai Officer and report made to him, regarding the practice that was being followed or prevailing prior to June, 1975 in respect of management of the affairs of "Sri Guru Dattathreya Swamy Peeta" otherwise known as "Sree Gurudattathreya Bababudnaswamy Dargha" including conducting of Urs or festival, its property and all other matters pertaining to the institution."

Pursuant to the above directions, the Endowment Commissioner submitted a Report dated 25.02.1989 codifying religious practice prior to 1975. Petitioner filed a public interest writ petition with a payer inter alia for a direction against the Deputy Commissioner, Chickmagaluru to handover the management of the Temple to the petitioners. The court, while disposing of the said petition, has observed that steps were taken by the authorities to appoint the Managing Committee and the same had been challenged in Writ Petitions No.52801 & 38148/2000, and it was open for the petitioner to implead itself in the said proceedings. Petitioner got itself impleaded. The court by its common order dated 14.02.2007, quashed the order passed by the Endowment Commissioner. The matter was remitted to the Endowment Commissioner to pass fresh orders.

The State Government challenged the said order in Writ Appeal No.886/2007 and the same stood dismissed vide order dated 04.08.2008. An organization by name 'Citizens for Justice and Peace' challenged the order passed by the Division Bench in SLP. No.29429/2008. The Supreme Court of India passed an interim order on 01.12.2008 and directed the Endowment Commissioner to submit his Report and directed to maintain status-quo as per the earlier report of the Endowment Commissioner dated 25.02.1989.

The Endowment Commissioner submitted his Report dated 10.03.2010 before the Apex Court suggesting inter alia that a Hindu Archak be appointed by the Management Committee for performing daily pooja.

The Sajjada Nasheen and some contesting respondents raised objections to the said Report. The State Government took a stand before the Apex Court that in view of the sensitive nature of the issues involved in the case, it was required to be considered by the State Cabinet and a decision would be taken thereafter.

The State Government appointed a High-level Committee consisting of a former Judge of this Court and two others, to consider among other things, the recommendation made by the Endowment Commissioner in his order dated 10.03.2010. The High-Level Committee submitted its Report on 03.12.2017 with a recommendation to continue the nature and character of religious practices, which were prevailing as of 15th August 1947. Pursuant thereto, State Government has issued the impugned order.

Case Title: Syed Ghouse Mohiyuddin Shah Khadri And State of Karnataka

Case No: WA 1110/2021

Citation: 2023 LiveLaw (Kar) 95

Date of Order: 06-03-2023