K NISSAR AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in this Public Interest litigation claim to be the worshippers of Shree Guru Dathathreya bababudan Swamy Dargah (7th respondent in this writ petition) situated in Inam Dattatreya Peetha village, Attigundi, Chickmagalur. According to them, it is the shrine of the Sufi Saint Dada Hayat Mir Kalandar. Both hindus and Muslims worship at the Daragh of the Sufi Saint. There is a cave containing what the Mohammedans assert to be the tomb of bababudan and the Hindus assert to be the throne of Dattatreya. The cave is a venerated place of pilgrimage for both the Mohammedans and hindus. According to the petitioners, the rituals or functions at Shree guru Dathathreya Bababudan Swamy Dargah are to be conducted by hindus and Muslims only in accordance with Annexure-D order dated 25/2/1989 passed by the Commissioner for Religious and Charitable endowments in Karnataka. It is alleged that some of the Hindu organisations have announced to conduct rituals like Datta Homa and gana Homa and to organise Shobha Yatra and Dattamala Abhiyana in violation of the said order dated 25/2/1989, despite clear orders of the high Court of Karnataka that any ritual or function not permitted by the said order dated 25/2/1989 shall not be conducted at the Dargah. It is also alleged that if the said Hindu organizations are allowed to conduct rituals like Datta Homa and Gana Homa and organise Shobha Yatra and dattamala Abhiyana, it would lead to communal clashes and bloodshed. It is further alleged that the Government and the District Administration are not taking any effective steps to prevent such a situation. According to the petitioner, the inaction of the Government and the District administration has compelled them to file this writ petition praying for a writ of mandamus directing the State of Karnataka to monitor and ensure that the Datta Jayanthi celebrations are conducted strictly in accordance with Annexure-D order dated 25/2/1989 passed by the Commissioner for religious and Charitable Endowments in Karnataka and Annexure-H order dated 13/3/2006 passed by the High Court of Karnataka in Writ petition No. 17351 of 2005. They have also prayed for a direction to the state of Karnataka not to allow any person to conduct Shobha Yatra, dattamala Abhiyana and other Yagna and Homa by installing idols contrary to Annexure-D order dated 25/2/1989. There is a further prayer for directing the State of Karnataka to take steps in terms of Annexure-F government letter dated 22/11/2004. It is stated by the learned Counsel for the petitioners that even tough the Hindu organisations had announced to conduct the above mentioned rituals and functions on 8-10-2006, they were subsequently postponed and they are going to be conducted in the next week.

(2.) WHEN the Karnataka Board of Wakfs declared the property of the 7th respondent - Shree Guru Dathathreya Bababudan Swamy Dargah as wakf property, Mr B. C. Nagaraja Rao and Mr. C. Chandrashekar had filed a suit in a representative capacity as O. S. No. 25/1978 on the file of the District Judge, Chickmagalur. In the Judgment dated 29/2/1980 passed in the suit, the District Judge declared that the said property cannot be wakf property and that the Board of Wakfs has no power to manage the property. The Judgment of the District Judge was confirmed by the High court in Judgment dated 7/1/1991 passed in R. F. A No. 119/1980. The said Judgment of the High Court was confirmed by the Supreme Court in its order dated 1/11/1991 in S. L. P. No. 17040/1991. The Commissioner for religious Institutions and Charitable Endowments had issued orders dated 24/8/1983, 10/1/1984 and 28/1/1985 regarding the administration of the dattatreya Pettha. The said orders were subject matter in Writ Petition no. 2294/1984 which was disposed of by the High Court on 1-3-1985 directing the Commissioner for Religious Institutions and Charitable endowments to make an enquiry through the Muzrai Officer regarding the practice that was prevailing prior to June 1975 in respect of the management of the afairs of Shree Guru Dattatreya Bababudan Swamy dargah including conducting of Urs of festivals, its property and all other matters pertaining to the institution. The Commissioner for Religious institutions and Charitable Endowments was also directed that on receipt of the report of the Muzrai Officer, he should take a decision after affording an opportunity of hearing to all concerned. After such enquiry, the commissioner for Religious Institutions and Charitable Endowments passed an order dated 25/2/1989. In the said order, the Commissioner has referred to the several customs and practices which prevailed before 1975. The Commissioner set aside the order passed by the Assistant commissioner and directed to restore the position that existed prior to 1975. The management of the 7th respondent - institution including the urs was being conductd in accordance with the said order dated 25-2-1989 of the Commissioner for Religious Institutions and Charitable endowments.

(3.) BUT in 2004 some Hindu Associations tried to organise a procession called 'shobha Yatra'. It was opposed by the Communist parties, intellectual Groups, Datta samithis etc. , on the ground that it was in violation of the orders of the Court and the order dated 25-2-1989 of the commissioner for Religious Institutions and Charitable Endowments. The superintendent of Police, Chickmagalur reported to the Government that there was threat to law and order on account of the Shobha Yatra. Thereupon the Government of Karnataka sent letter dated 22-11-2004 to the Director General of Police and Inspector General of Police, Bangalore, the Deputy Commissioner, Chickmagalur District and the Superintendent of Police, Chickmagalur directing to take all necessary steps for maintaining law and order and for ensuring communal harmony and peace in the district. It was also pointed out in the Government letter that in order to maintain law and order in the district it is important that neither a group is allowed to take a procession in a manner that hurts the religious feelings of the other groups nor is it allowed to conduct any religious practices, ceremonies etc. , that were not being performed prior to 1975.