Disposed

B S Nataraj v. State of Karnataka

Karnataka HC10 Dec 2018WP/8100/2018

Case brief

AI extract

What is this about?

Division Bench closed connected writ petitions concerning minority status. Additional Solicitor General submitted that Government of India communicated it cannot accede to the request, rendering the cause no longer surviving, with merits expressly left open.

What did the court decide?

Proceedings stood closed and disposed of with the court expressly clarifying it did not pronounce on the merits of the issues raised.

B S Nataraj Vs State of Karnataka — Constitutional and Fundamental Rights | Karnataka HC (2018)

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W.P.No.557/2018 & - 1 - CONNECTED MATTERS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF DECEMBER, 2018

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PRESENT

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HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND

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HON’BLE MRS.JUSTICE S. SUJATHA

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WRIT PETITION No.557 OF 2018 C/W W.P.Nos.565/2018,

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8100/2018 AND 1344/2018 (GM – RES) PIL

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IN W.P.No.557/2018:

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BETWEEN:

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SRI SHASHIDHAR SHANUBHOG S/O LATE S.PARAMESHWARAIAH AGED ABOUT 58 YEARS, PERMANENT R/O TARALAGHATTA VILLAGE SHIKARIPURA TALUK SHIMOGGA DISTRICT ... PETITIONER

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(BY SRI G.R.GURUMATH, SENIOR ADV. FOR SMT.M.C.NAGASHREE, ADV.)

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AND:

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THE KARNATAKA STATE MINORITY COMMISSION REP. BY ITS SECRETARY 5^TH FLOOR, V.V. TOWERS AMBEDKAR VEEDHI BANGALORE-560001

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Mr. ANEES SIRAJ SECRETARY, THE KARNATAKA STATE MINORITY COMMISSION REP BY ITS SECRETARY 5^TH FLOOR, V.V. TOWERS AMBEDKAR VEEDHI BANGALORE-560001

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W.P.No.557/2018 & - 2 - CONNECTED MATTERS

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SRI C.S.DWARKANATH EX-CHAIRMAN BACKWARD CLASSES COMMISSION

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SRI S.G.SIDDARAMAIAH CHAIRMAN KANNADA DEVELOPMENT AUTHORITY

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Dr. MUZAFFAR ASSADI PROFESSOR OF POLITICAL SCIENCE UNIVERSITY OF MYSORE

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SRI RAMAKRISHNA MARATHE LECTURER, B.K. COLLEGE BELAGAVI

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SRI PURUSHOTHAM BILIMANE PROFESSOR AND HEAD KANNADA LANGUAGE CHAIR JAWAHARLAL NEHRU UNIVERSITY NEW DELHI RESPONDENT 3 TO 7 MAY BE SERVED AT THE ADDRESS OF THE 1^ST RESPONDENT i.e., 5^TH FLOOR, V.V. TOWERS, AMBEDKAR VEEDHI BANGALORE-560001

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8. STATE OF KARNATAKA, THROUGH THE SECRETARY TO THE GOVERNMENT IN ITS DEPARTMENT OF MINORITY WELFARE BANGALORE.

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(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 09.03.2018.) ... RESPONDENTS

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(BY SRI SHASHIKIRAN SHETTY, SENIOR ADV. FOR SRI PAVAN G.N. ADV. FOR R-1; SRI R.ANILKUMAR, ADV. FOR R-4; SRI R.VYBHAV, ADV. FOR R-5 & R-6; SRI BHARATH KUMAR V., ADV. FOR R-7; SRI D.NAGARAJ, AGA FOR R-8.)

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THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH

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W.P.No.557/2018 & - 3 - CONNECTED MATTERS

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PROCEEDINGS ISSUED BY THE R-1 DATED 22.12.2017 VIDE ANNEXURE-J & ETC.

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IN W.P.No.565/2018:

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BETWEEN:

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M.SATISH S/O SHRI M.MARIYAPPA AGED ABOUT 44 YEARS, R/AT #17, 4^TH CROSS, 1^ST MAIN SRI SWARNAMBHA NILAYA BAIYRAWESHWARA NAGAR, SUNKADAKATTE BANGALORE-560 091. ... PETITIONER

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(BY SRI GAUTHAM S. BHARADWAJ, ADV. FOR SRI P.N.RAJESWARA, ADV.)

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AND:

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THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF MINORITY AFFAIRS 11^TH FLOOR, PANDIT DEENDAYAL ANTYODAYA BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.

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THE STATE OF KARNATAKA REP. BY THE CHIEF SECRETARY VIDHANA SOUDHA Dr. AMBEDKAR VEEDHI, BANGALORE-560 001.

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THE SECRETARY DEPARTMENT OF MINORITIES WELFARE HAJ & WAKF, GOVERNMENT OF KARNATAKA 20^TH & 21^ST FLOOR, V.V. TOWERS (MAIN) Dr. B.R. AMBEDKAR VEEDHI, BANGALORE-560001.

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W.P.No.557/2018 & - 4 - CONNECTED MATTERS

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NATIONAL MINORITY COMMISSION REP. BY ITS SECRETARY 3^RD FLOOR, BLOCK-3, CGO COMPLEX, NEWDELHI-110 003.

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THE STATE MINORITY COMMISSION REP. BY ITS SECRETARY, 5^TH FLOOR, VISVESWARAYA MAIN TOWERS, Dr. B.R.AMBEDKAR VEEDHI, BANGALORE-560 001. ... RESPONDENTS

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(BY SRI D.NAGARAJ, AGA FOR R-2 & R-3; SRI PRABHULING K. NAVADAGI, SENIOR ADV. FOR SMT.ANUPAMA HEGDE, CGC FOR R-1 & R-4; SRI SHASHI KIRAN SHETTY, SENIOR ADV. FOR SRI PAVAN G.N., ADV. FOR R-5.)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND THE ORDER / PROCEEDINGS OF R-5 DATED 22.12.2017 NUMBERED AS ' NIL ' AT ANNEX-A;

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IN W.P.No.8100/2018:

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BETWEEN:

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B.S.NATARAJ S/O LATE B.M.SHIVALINGAPPA AGED 56 YEARS, R/AT NO.35, 1^ST FLOOR 3^RD CROSS, K.R. LAYOUT, J.P. NAGAR 6^TH PHASE, BANGALORE-560078. ... PETITIONER

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(BY SMT.LAKSHMY T. IYENGAR, SENIOR ADV. FOR SRI N.GOWTHAM RAGHUNATH, ADV.)

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AND:

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STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING,

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W.P.No.557/2018 & - 5 - CONNECTED MATTERS

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Dr. AMBEDKAR VEEDHI, BANGALORE-560 001.

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THE KARNATAKA STATE MINORITY COMMISSION REP. BY ITS SECRETARY 5^TH FLOOR, V.V. TOWERS, AMBEDKAR VEEDHI, BANGALORE-560 001.

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Mr. ANEES SIRAJ SECRETARY, THE KARNATAKA STATE MINORITY COMMISSION 5^TH FLOOR, V.V. TOWERS, AMBEDKAR VEEDHI, BANGALORE-560 001. ... RESPONDENTS (BY SRI D.NAGARAJ, AGA FOR R-1; SRI SHASHI KIRAN SHETTY, SENIOR ADV. FOR SRI PAVAN G.N. ADV. FOR -2 & R-3.)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 22.12.2017 VIDE PROCEEDINGS OF THE 2^ND RESPONDENT COMMISSION (ANNEXURE-A).

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IN W.P.No.1344/2018:

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BETWEEN:

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AMRUTHESH N.P., S/O LATE N.C.PUTTUSWAMY AGED 57 YEARS, ADVOCATE NO.7, 1^ST FLOOR, "PARAKALMUTT BLDG" TANK BUND ROAD, MAJESTIC, BANGALORE-01. ... PETITIONER

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(BY SMT.MAMATHA G. KULKARNI, ADV.)

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AND:

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STATE OF KARNATAKA REP BY ITS PRINCIPLE CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE-560001.

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W.P.No.557/2018 & - 6 - CONNECTED MATTERS

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COMMISSION OF ENQUIRY INTO THE ALLEGED DIFFERENCE BETWEEN LINGAYATHS AND VEERASHAIVAS BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001. ... RESPONDENTS

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(BY SRI D.NAGARAJ, AGA FOR R-1; SRI SHASHI KIRAN SHETTY, SENIOR ADV. FOR SRI G.N.PAVAN, ADV. FOR R-2.)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF A WRIT OF PROHIBITION R-1 & 2 FROM EMBARKING UPON AN ENQUIRY IN TO NON-EXISTING BUT ALLEGED DIFFERENCES OF FAITH AND DHARMA AMONGST THE FOLLOWERS OF VEERASHAIVA/LINGAYATH DHARMA AND TO REPORT THEREOF FOR PURPOSE OF TAKING EXTREME ACTION OF DIVIDING THE UNIFIED SECTION OF FOLLOWERS OF VEERASHAIVA-LINGAYATH DHARMA AND TO DESIST FROM TAKING ANY ACTION IN RESPECT OF HISTORICAL FACT DWELLING ON THE ASPECT OF RELIGIOUS FAITH THE RIGHT TO PRACTICE A RELIGIOUS IN TERMS OF ARTICLES 25 TO 28

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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By the order dated 05.01.2018 passed by the learned Single Judge of this Court, W.P.No.557/2018 was ordered to be classified as a public interest litigation and was taken up by the Division Bench on the same day. The Division Bench, while issuing notices, made all further proceedings pursuant to the proceedings dated 22.12.2017 of the Secretary, Karnataka State Minorities Commission, Bengaluru, subject to

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W.P.No.557/2018 & CONNECTED MATTERS

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the result of the petition. The other petitions, involving similar and akin issues, had been taken up along with the aforesaid petition .

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On 13.04.2018, the learned Additional Solicitor General pointed out that the communication was received by the Government of India, in its Ministry of Minority Affairs, from the Government of Karnataka; and the matter had been made over to the Ministry of Home Affairs, because classification of any section of population as a religion is to be done by the Registrar General of India under the Ministry of Home Affairs. The submissions made by the learned Additional Solicitor General were taken note of and consideration of these matters was deferred with the following order:-

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“Shri Prabhuling K. Navadgi, learned Additional Solicitor General has placed before the Court today a communication dated 10.04.2018, as received by him along with a copy of the office memo dated 05.04.2018, and submits that as per his instructions, the letter dated 23.03.2018 from the Government of Karnataka was received by the Government of India in its Ministry of Minority Affairs; and the said Ministry has made over the request to the Ministry of Home Affairs, because classification of any section of population as a religion is done by the Registrar General of India under the Ministry of Home Affairs for the purpose of Census.

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W.P.No.557/2018 & - 8 - CONNECTED MATTERS

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Learned Additional Solicitor General further submits that, as per his instructions, the matter at present remains pending with the Ministry of Home Affairs but, for the very nature of issues involved, the proceedings are likely to take time; and hence, these petitions may be taken up after summer vacations of this Court.

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Taking note of the submissions so made and having regard to the over all circumstances, consideration of these matters stands deferred today.

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Be listed on 19.06.2018, as prayed.”

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The matters were thereafter adjourned on various occasions, essentially after taking note of the submissions of the learned Additional Solicitor General that the matter was being examined at the appropriate level.

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Today, the learned Additional Solicitor General has placed on record, along with a memo, the communication dated 13.11.2018 bearing No. F.No.1-5/2018-IM(NCM) issued by the Deputy Secretary, Ministry of Minority Affairs, Government of India, to the Secretary, Minority Welfare, Haj and Waqf Department, Government of Karnataka, wherein the said Ministry, after taking into account the views of the Ministry of Home Affairs and the National Commission for Minorities, has stated its inability to accede to the request made by the Government of Karnataka regarding “recognition

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W.P.No.557/2018 & CONNECTED MATTERS

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of Lingayats and Veerashavias who follow Basavanna’s philosophy and teaching as a religious minority under Section 2(c) of National Commission for Minorities Act, 1992”.

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Learned counsel appearing for the respective parties in these matters do not dispute the position that with such communication from the Government of India, as at present, the issues raised in these petitions do not survive for consideration.

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In the totality of circumstances, we are clearly of the view that in the wake of aforesaid communication of the Government of India, so far the present petitions are concerned, no cause survives and the proceedings herein deserve to be closed.

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However, in the interest of justice, it appears appropriate and hence, is made clear that this Court has not pronounced on the merits of the issues raised in these petitions and all the relevant aspects remain open to be examined in appropriate proceeding at the appropriate stage, if occasion so arise.

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Subject to the observations foregoing, the proceedings herein stand closed.

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W.P.No.557/2018 & CONNECTED MATTERS

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10 -

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The petitions stand disposed of as such.

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All pending interlocutory applications also stand

disposed of.

Sd/CHIEF JUSTICE

Sd/JUDGE

PMR

B S Nataraj v. State of Karnataka

Case brief

What is this about?

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B S Nataraj v. State of Karnataka

Case brief

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