Bengaluru/Mysuru: The Karnataka High Court has declined to issue an interim order against the unveiling of a statue of late Suttur Seer Dr. Sri Shivarathri Rajendra Swamiji at the Gun House Circle near Mysore Palace. 

However, the Court has directed the Advocate General to respond to the concerns raised in a Public Interest Litigation (PIL) petition. The issue came up before the Court yesterday and the petition was filed by Mysuru-based advocates Subramanya and N. Sheelavathi.

The petition questions the legitimacy of the permission granted by the Mysuru District-level Committee on Dec. 5, 2023, for erecting the statue. It contends that this approval contradicts Supreme Court guidelines on the installation of statues in public spaces.

Acknowledging that the statue has already been installed based on the District Committee’s permission, the High Court Bench led by Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit observed that the petitioners failed to present evidence indicating that the statue is scheduled to be unveiled on Jan. 4. Consequently, the Bench declined to issue an interim order.

Contention of petitioners

The petitioners said that the District Committee, through its order dated Dec. 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 argued that this decision, particularly at a busy traffic junction, contravenes guidelines set by the Apex Court on Sept. 29, 2009, as observed in the Union of India Vs State of Gujarat and others case.

According to the petitioners, the DC and other administrative authorities have breached Article 144 of the Constitution of India by failing to act in conformity with the orders issued by the Supreme Court. They contend that the administrative actions merit judicial review, asserting that such actions were taken in excess of jurisdiction and amounted to an abuse of jurisdiction.

2021 order highlighted

The petitioners highlighted that in a PIL filed in 2017, the High Court issued an order in September 2021, quashing the State Government and Mysuru City Corporation’s decision regarding the statue’s unveiling. The Court directed the Government then to adhere to the directives of the Apex Court.

Subsequently, the State Govt. filed a review petition, indicating that the District Committee would evaluate the proposal in line with the Apex Court’s order.

The petitioners argued that Supreme Court directives explicitly prohibit the installation of statues of religious leaders, freedom fighters or prominent individuals in public or Government spaces. Such statues are permitted only on private properties belonging to Sanghas or organisations, funded at their own expense.