Bengaluru: In a significant order related to the decades-old Guru Dattatreya Peetha-Baba Budangiri Dargah dispute in Chikkamagaluru district, the High Court of Karnataka on Tuesday quashed a state government order allowing only a Mujawar (Muslim priest) to offer flowers and light 'Nanda Deepa' of Dattatreya Swami as it ran counter to the Muslim belief system. The high court said the order is in "flagrant violation of rights of both communities (Hindus and Muslims) guaranteed by Article 25 of the Constitution of India."
Justice P S Dinesh Kumar noted that the government order permitted only a Mujawar, to be appointed by Shah Khadri, to enter the sanctum of the cave and to distribute 'Teertha' (Charanamrit) to both Hindus and Muslims. It also took note of the order that the Mujawar is also required to offer flowers to the idol and light the 'Nanda Deepa' (lamp). "On the face of it, this portion of the order runs counter to the practices adopted by the Muslim community because idol worship is not recognised by them," Justice Kumar observed.
Noting that Article 25 of the Constitution guarantees freedom of conscience and free possession, practice and propagation of religion, the judge pointed out that the state has "infringed upon the rights of Hindu community to have the Pooja (rituals) and Archana (prayers) done in the manner as per their faith." The judge also said in his order that the state government has 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 (Hindus and Muslims) guaranteed by Article 25 of the Constitution of India," the bench noted.