Karnataka High Court Rejects Plea To Award Bharat Ratna Award To Late Seer Shivakumara Swami

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar said,

"We have considered submission and gone through the records. We are of the considered view that it is in the domain of Government of India to consider and confer any award including Bharat Ratna, to any person and no person can claim to be awarded any medal of the like nature. Neither any direction can be sought for considering the award of Bharat Ratna to any particular person."

It added, "The award of Bharat Ratna is a recognition of exceptional services rendered by individual persons which is to be determined by the President of India in consultation with the Government of India and the concerned body. We are of the considered view that no direction can be issued to the Prime Minister to consider the representation of the petitioner as it does not confer any right upon him. Petition being misconceived is dismissed."

Advocate Mohammed Tahir appearing for the petitioner had submitted that seeing the objective and purpose of Bharat Ratna, Sri Shivakumara Swamiji is the most deserving person in contemporary time to receive such an award which is meant for recognizing selfless service and work.

The plea claimed Sri Shivakumara Swami is a much revered seer in Karnataka. He was 111 years old at the time of his demise and he headed the Education society that runs more than 1,100 educational institutions in Karnataka. He was also involved in several other philanthropic activities and was awarded the Padma Bhushan in 2015.

During the hearing, the bench mentioned about a petition being filed in the Delhi High Court seeking Bharat Ratna be awarded to Industrialist Ratan Tata. Following which it orally observed, "We can direct to consider representation only when you have a right. We have read today in the newspaper that the Union Home Minister is here today in the city and you go and immediately make a representation to him, instead of coming to court." To which Tahir said "Only the Prime Minister can recommend for Baharat Ratna."

Bharat Ratna, the highest civilian Award of the country, was instituted in the year 1954. Any person without distinction of race, occupation, position or sex is eligible for these awards. It is awarded in recognition of exceptional service/performance of the highest order in any field of human endeavour. The recommendations for Bharat Ratna are made by the Prime Minister himself to the President. No formal recommendations for this are necessary.

Case Title: Rehan Khan v. Hon'ble Prime Minister of India

Case No: WP 139/2022

Citation: 2022 LiveLaw (Kar) 99