Karnataka HC to state: Reconsider decision to cancel Tipu Jayanti gala

A two-judge division bench of the Karnataka High Court on Wednesday asked the state government to reconsider it’s July 30, 2019 order of cessation of a celebration of Tipu Jayanti as a state festival. Hearing a PIL filed before it, the HC declined to stay the Karnataka government’s decision to cancel the Jayanti but also instructed the state to reconsider its decision as the same was taken without proper considerations. The division bench consisting of Karnataka HC Chief Justice Abhay Shreeniwas Oka and Justice SR Krishna Kumar called the BS Yediyurappa-led government’s cancellation of Tipu Jayanthi as "arbitrary" and asked if any consultations were made about the reasons for the celebrations to be started in 2015.

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Private citizens must be free to celebrate

While observing that the government has not banned private celebrations of Tipu’s birth Anniversary, HC directed the state to ensure that law and order are maintained if any private citizen chooses to celebrate the Jayanti on November 10 and that it should be allowed to take place in a harmonious manner. The HC was hearing a PIL filed by a resident of Lucknow, Bilal Ali Shah who claims to be a descendant of Tipu along with Tipu National Service Association and Tipu Sultan United Forum. The petitioner had claimed that the cancellation of celebrations is a violation of Article 14 (Equality before law) and 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) of the Constitution.

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In 2016, the then Chief Minister of Karnataka, Siddaramaiah, had commenced the celebration of Tipu Jayanti as a state festival. Over the years, right-wing organisations and the BJP had launched agitated protests across the state, especially in Kodagu opposing the celebrations. Right after coming to power in 2019, the new Chief Minister BS Yediyurappa issued an order cancelling the Jayanti on July 30th.

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Government says its a policy decision

On Tuesday, arguing on behalf of the Karnataka government, Advocate General Prabhuling Navadgi had questioned the maintainability of the PIL, claiming that it was a policy decision taken by the government to stop the celebrations that only began in 2015. He also contended that the government had not imposed a blanket ban on celebrations of Tipu Jayanthi and any citizen wishing to commemorate the day was free to do so. Tipu Jayanti has been a contentious issue in the state, with many seeing him as a hero fighting against British colonial forces in the 18th Century while others despise the ruler for his atrocities towards Hindus, including the conversion of Hindus to Islam.

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