The Karnataka High Court dismissed an appeal on Monday against a Single Judge’s order that invalidated the State’s decision to allow only a Mujawar (Muslim Priest) to perform rituals at the Datta Peeta.
The State Government had ordered that only a Mujawar designated by Shah Khadri was authorised to enter “Sri Guru Dattathreya Swamy Peeta”, (a holy cave shrine in Chikmaguluru which is revered both by Hindus and Muslim communities) and to distribute ‘teertha’ to both Hindus and Muslims.
The Datta Peeta is also called “Sree Gurudattathreya Bababudnaswamy Dargha” cave in Karnataka.
A single bench of Justice PS Dinesh Kumar in September 2021, deemed this to be a blatant violation of both communities’ rights granted by Article 25 of the Indian Constitution.
The plea was denied today by a division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil.
The single Judge had remanded the case to the State government with the instruction to reexamine it in conformity with the law, without reference to the High-Level Committee’s report.
It was mentioned,
“Despite the fact that the Endowment Commissioner’s recordings of a large number of devotees, including the Mujawar who worked during 1975, show that both Hindus and Muslims were worshipping according to their respective customs, the State Government has chosen to accept the High Level Committee’s recommendation to reject the Endowment Commissioner’s Report. The High Level Committee Report is not free from the vice of bias.”
Justice Kumar further added, “First, the State has violated the Hindu Community’s right to have pooja and archana performed in accordance with their beliefs through the challenged decree. Second, the State government has forced the Mujawar to perform ‘paduka pooja’ and light ‘nanda deepa,’ which is against his faith. Both of these activities are gross violations of the rights granted by Article 25 of the Indian Constitution.”
