Karnataka High Court adjourns hearing of PIL challenging Tipu Jayanti to 7th November

BENGALURU: The Karnataka High Court adjourned the hearing of a public interest litigation (PIL) challenging the celebration of Tipu Jayanti by the state government to Tuesday.

 

The PIL, filed by K P Manjunath from Kodagu, was heard by a division bench comprising Acting Chief Justice H G Ramesh and Justice P S Dinesh Kumar. 

 

Manjunath prayed the court to quash the government's circular dated October 24 issued to celebrate Tipu Jayanti across the state, especially in Kodagu. The petitioner alleged that Tipu had killed hundreds of Kodavas, and carried out conversions too.

 

The Counsel for the petitioner, in his argument, pointed out that South and Canara and Kodava were not part of Tipu's original empire, and were later annexed.

 

Acting Chief Justice H G Ramesh, asked the Counsel, "What is the global scenario? Can you give examples of birthdays being celebrated in other countries?" To this, the Counsel informed the Court that former US President Abraham Lincoln's birthday in the USA was a national holiday.

 

The Chief Justice asked, “What were the parameters for the judiciary to pass judgment in this case? 

 

“Someone else might come and say no to Kanaka Jayanti. We cannot sit and pass judgment on all Jayantis," he said.

 

The Counsel said if a painful incident had occurred in 1792 -- the year when Tipu allegedly carried out a forcible conversion of Kodavas to Muslims -- it was a short period in terms of history.

 

The Chief Justice said the celebration had to be contrary to law for them to intervene and observed that the main grounds for the PIL were whether the expenditure on the event was permissible by law and no other grounds were accepted by the Bench. 

 

On the Counsel's claim that the event hurt public sentiment, the Chief Justice observed, "The Constitution of India reflects the will of entire India but the governments of the day reflect the will of the majority."

 

On the Counsel's question as to why the government was thrusting the celebration on certain people, the Bench remarked that no one was compelled to participate in the functions.

 

The Advocate General, arguing against the PIL, questioned the timing of the PIL, considering that another PIL on the same issue filed by the same applicant last year was disposed of in 2016.

“He had time since November 2016. Having kept quiet all this time, he has filed the PIL a few days before Tipu Jayanti. He has cut and pasted last year's petition," he said. He claimed the applicant had done so to gain publicity for the issue, and had no legal grounds. 

 

On the Counsel's request, the court granted him time and set the next hearing for Tuesday.