Pontiff Travelling Abroad No Ground To Bar Him From Performing Pooja At Udupi Temple: Karnataka High Court

The Karnataka High Court has dismissed a PIL seeking to preclude Puttige Mutt seer Sugunendra Theertharu from performing religious rituals in Udupi as he had travelled abroad.

Petitioner Gururaj Jeevan Rao claimed that the pontiff had crossed oceans and therefore, as per traditions of subject Mutt, he is not entitled to touch the idol of Lord Krishna and he is disqualified from worshipping the deity.

Rao sought a direction to the State government to constitute a committee and frame bylaw/guidelines for conducting 'paryaya' (During paryaya, the Pooja and administration of Krishna Matha is handed over from existing Paryaya Swamiji of Ashtha Matha to the ascending Swamiji of another Ashtha Matha. This takes place every two years).

Dismissing the plea, a division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit made it clear that the State, as a constitutional entity, cannot be called upon to promulgate guidelines for religious matters. "They are all matters of religion and therefore are liable to be left to the Mutt itself and that courts cannot readily interfere.”

The bench further emphasized on citizens' fundamental right to travel abroad and said,

“State cannot be asked to frame the guidelines for regulating the Paryaya in such a way as to disentitle a Pontiff from becoming Pariyaya Swami on the sole ground that he had travelled overseas...The devotees of mutts/shrines do reside on foreign soils and the pontiffs & priests go there for preaching is a matter of common knowledge. A mere fact that a pontiff had travelled overseas, can hardly be a sufficient ground for denying to him what is otherwise due in religion, in law or in reason, more particularly in the modern times like this.”

The fact that paryaaya ceremony has already begun and people from across the borders throng there also weighed in with the Court.

Accordingly it dismissed the petition.

Appearance: Advocate Satish K for Petitioner.

AGA Niloufer Akbar for Respondent

Citation No: 2024 LiveLaw (Kar) 17

Case Title: Gururaj Jeevan Rao And State of Karnataka

Case No: Writ Petition No 634 of 2024.

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