A management committee comprising both Hindus and Muslims would be set up under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 to manage Sri Dattatreya Bababudan Swamy Peetha-Dargah, a syncretic cave shrine in Chikkamagaluru district, as per 10 recommendations made by a sub-committee of the State Cabinet in its report.
And a Hindu priest and a Muslim Mujawar would be appointed by the management committee to perform the rituals at the shrine as per the prescribed religious rituals.
A notification issued on July 17, 2022 was submitted before a Division Bench comprising Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty of the High Court of Karnataka on Monday.
State Advocate General Prabhuling K. Navadgi also submitted before the Division Bench the copies of the June 30, 2022 report of the Cabinet sub-committee, and the notification issued on August 17, 2022 inviting application for appointing members to the management committee of the shrine.
The Bench was hearing an appeal filed by Syed Ghouse Mohiuddin Shah Khadri, Sajjada Nasheen of the shrine, who had questioned the September 28, 2021 verdict of a single judge.
The Cabinet sub-committee had examined various issues, heard the representatives of both the communities as per the directions of the apex court and the High Court before submitting its recommendations to the Cabinet.
Meanwhile, Mr. Navadgi told the Bench that the July 17 notification was issued after the State Cabinet on July 1 accepted all the 10 recommendations made by the sub-committee.
The single judge had quashed the Government Order of March 19, 2018, which had authorised only the Mujawar appointed by Shah Khadri to perform prescribed religious practices and rituals of both the communities by entering the sanctum sanctorum .
Also, the single judge had found fault with government’s 2018 action of setting up a high-powered panel, headed by a retired judge of the High Court to examine the issue related to the shrine and had directed the government to consider the matter afresh as per the law without reference to the report of the retired judge-headed panel.
The 2018 Government Order, the single judge had said, had infringed upon the right of rights of both communities guaranteed by Article 25 of the Constitution of India as it infringed upon rights of Hindu community to have the puja and archana done in the manner as per their faith while imposing on the Mujawar to perform ‘Paduke puja’ and to light ‘nanda deepa’ contrary to his faith.
The A-G also made it clear to the Division Bench that the government is bound by the court’s May 31, 2022 interim order that any decision of the government based on the sub-committee’s report would be subject to the final orders of the present appeal.
The further hearing on the appeal has been adjourned till September 5.
