Court directs reconsideration of denied permission for Sri Shankaracharya Jayanthi celebration, citing lack of regulatory prohibitions.
In a significant ruling, the Karnataka High Court has set aside a government order denying permission to the Malleshwaram Brahmana Sabha Trust for conducting Dharmic activities at the Yoga Auditorium in Sankey Tank Park, Bengaluru. The decision, delivered by Justice M.I. Arun, emphasized the absence of specific governmental regulations prohibiting such activities, thus deeming the denial arbitrary and unreasonable.
The petitioner, Malleshwaram Brahmana Sabha Trust, sought to utilize the auditorium for celebrating Sri Shankaracharya Jayanthi, a revered cultural and Dharmic event in India. The Trust argued that while the auditorium was intended for yoga-related purposes, it had previously hosted a variety of non-yoga events, including private concerts and programs. The state failed to produce any guidelines explicitly barring Dharmic activities, which formed the crux of the petitioner's argument.
Justice Arun, reflecting on the secular fabric of India, noted that secularism does not imply the exclusion of cultural and Dharmic activities integral to Indian civilization. The court recognized the historical and cultural significance of such activities, asserting that they cannot be deemed unconstitutional or illegal. "The greatness of Indian civilization is intertwined with its Dharmic and cultural activities, and removing it amounts to removing the soul from the country," Justice Arun remarked.
The court found the respondent's decision to deny permission lacked a basis in law or policy. Consequently, it directed the government to reconsider the Trust's request within five days, provided the auditorium is available and other criteria are met. This judgment underscores the judiciary's role in balancing secularism with cultural heritage, ensuring that administrative decisions are grounded in law rather than arbitrary discretion.
Bottom Line:
Denial of permission for conducting Dharmic activities in a public auditorium without any specific governmental prohibition or regulation is arbitrary and unreasonable.
Statutory provision(s): Constitution of India (Secularism), Administrative Law (Arbitrary decision)
