Karnataka High Court.
Credit: DH File Photo
The high court on Tuesday granted time to the Advocate General to seek instructions in connection with a PIL filed challenging the unveiling of Suttur seer Jagadguru Shivarathri Rajendra Mahaswamiji’s statue at Gun House Circle in Mysuru city.
The division bench comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit, however, declined to pass any interim order observing that no material was produced to show that the statue is going to be unveiled at Gun House Circle on January 4, 2024.
Subramanya and Sheelavathi N, advocates from Mysuru city, have filed the
PIL.
The petitioners stated that on December 5, 2023, the District Committee had permitted installing the statue stating that there is a circle in existence and the statue can be installed.
According to the petitioners, the decision violates guidelines issued by the Apex Court on September 29, 2009, in the Union of India vs State of Gujarat and others case.
“The Deputy Commissioner and others in the administration have violated Article 144 of the Constitution of India by not acting in aid of the orders issued by the Supreme Court of India. The administrative actions of the officials need judicial review as it has been done by using excess of jurisdiction and abuse of jurisdiction,” the petitioners said.
They said that in a PIL filed in 2017, the high court by an order in September 2021 had quashed the order passed by the state government and Mysuru Mahanagara Palike regarding the unveiling of the statue. The court had directed the state government to comply with the directions of the Apex Court. The state government filed a review petition and submitted that the district committee would assess the proposal by the Apex Court order.
The petitioners said this district committee, through its order dated December 5, 2023, permitted the installation of the statue stating that there is a circle in existence and thus, a statue can be installed.
The petitioners contended that the Apex Court directions stated that no statues of any religious leaders, freedom fighters or important persons can be installed in public/government places and the same can be installed in private properties of the sangha or organisations at their own cost.