Asking it to fairly consider the versions of all interested parties, the Supreme Court on Thursday directed the Karnataka government to decide the title claims over the disputed cave shrine, Guru Dattatreya Bababudan Swami Dargah, atop Bababudangiri in Chikkamagaluru district.
A Bench of Justices Ranjan Gogoi and N.V. Ramana said the State Cabinet should take the call after perusing the report of the Commissioner and hearing parties, including ‘Sajjada Nasheen’ (hereditary administrator) of the Sufi shrine .
The court, meanwhile, allowed the ‘Sajjada Nasheen’ (descendent of the ‘Sufi pir’) to appoint ‘Mujavar’ (priest) to perform rituals in the shrine.
The court was disposing of civil appeals filed by Syed Ghouse Mohiyuddin Shakhadri, the ‘Sajjada Nasheen’, and the Citizens For Justice and Peace over five years ago.
The Bench asked senior advocate Basava Prabhu Patil, appearing for Karnataka, to allow the ‘Sajjada Nasheen’ to oversee the rituals at the dargah by ‘Mujavar’.
The shrine has a long history of litigations, as in 1978 the property of the dargah was taken over by the wakf board. The ‘Sajjada Nasheen’ challenged the move and got a decree in its favour. Later, the government attempted to take it over. The apex court, which on Thursday, ordered authorities to maintain status quo , asked the State government to take an informed decision.
In 2008 also, the Supreme Court had ordered status quo at the shrine “in terms of the order of February 25, 1989, passed by the Commissioner for Religious and Charitable Endowments in Karnataka” until final orders. The 1989 order had codified rituals upholding the syncretic practices.
