The annual Ganesh Chathurthi events organised on the premises of the Karnataka High Court and the City Civil Court have upset a section of Bengaluru’s advocates for several reasons. Many have questioned the propriety of such a celebration at the court premises, and others feel that the event was ostentatious, undermining the profession's dignity. A few pointed out that a Ganesha idol was installed in the court despite a court circular prohibiting it. This uneasiness comes at a time when DY Chandrachud, the Chief Justice of India, is being criticised for inviting Prime Minister Narendra Modi to his house for a Ganesh pooja.
A five-day Ganesh Chathurthi event, starting on September 7, was organised by the Advocates’ Association of Bengaluru at the Association Hall No 1, within the High Court (HC) premises. A similar three-day event was organised on the premises of the City Civil Court but on a smaller scale.
Vivek Subba Reddy, president of the Advocates’ Association, said that they raised money for the event from the 30,000 members of the association. “Each day we served food to around 12,000 lawyers, litigants, and court staff,” Vivek said, adding that the association has also been organising Ram Navami annually for the past 30 years.
However, over three decades, the two annual Ganesh Chathurthi events in Bengaluru have increased in scale and grandeur, according to advocates who spoke to TNM.
“First, the celebrations used to be on the ground floor, then it moved to the cellar, and now it is in the hall allotted to the Association. The tradition has been around since I started practising in Bengaluru around 30 years ago, and it isn’t the only one organised on the High Court premises. The Advocates’ Clerks Association and high court staff also organise their own celebrations within the HC premises,” a senior advocate told TNM.
This year, a Ganesh idol was set up on a stage decorated with lights and flowers at the HC. This violates the court’s own circular prohibiting the installation of idols on court premises. In several photos of the event, a priest can be seen handing out prasada or performing arathi. Cultural programmes were also part of the celebrations.
Sumalatha (name changed), an advocate practising in the HC, told TNM that even if one were to accept the celebrations on the court premises, the amount of money spent on it could not be justified. "Earlier, it was on a small scale. It was quiet. Now it has been glamorized and turned into an obscene show of wealth. It has now become more about who has contributed how much,” she said.
While the celebrations at the HC were solemn, many advocates were scathing with what transpired at the City Civil Court premises. On the day of the idol immersion, celebrations at the Civil Court started at 3 pm—during court hours. Videos of the celebrations show advocates – some wearing saffron turbans – dancing energetically to loud music with colourful lights twinkling in the background. In one video, association president Vivek Subba Reddy can be seen raised on the shoulders of other advocates.
According to Bar Council of India rules, advocates are not to wear bands or gowns in public places other than in courts, except on official occasions as prescribed by the Bar Council or the courts. However, many advocates were seen wearing their gowns at the Chathurthi functions.
Violation of the HC’s circular?
Bengaluru-based advocate Maitreyi Krishnan, who is also the president of the All India Lawyers’ Association for Justice, said that a Karnataka High Court circular prohibits the installation of idols on the premises of any court in the state.
The circular, issued on July 1, 2009, says, “No idol of any deity and no statue of any personality shall be installed, nor any temple, mosque, or prayer hall or monument representing any particular religion, shall be established,” in the principal bench at Bengaluru, or the circuit benches at Dharwad or Kalburagi, or on the premises of any subordinate court in the state, including the premises of the Advocates’ Associations or Bar Associations, “in order to upkeep the independence and secular status of the judiciary.”
The only exception to the display of portraits in subordinate courts are those of MK Gandhi. Bar associations and bar councils housed in court premises, according to the circular, can display portraits of judges and legal luminaries with the prior permission of the Chief Justice after following the procedure. The circular also prescribes the size of the photograph.
A 2022 circular mentions that a portrait of BR Ambedkar may be displayed at all official functions organised by the High Court and the district judiciary, such as events to mark Republic Day, Independence Day, and Constitution Day.
Three former Advocate Generals, whom TNM reached out to, declined to comment on the installation of the Ganesh idol.
One former Advocate General, who spoke on the condition of anonymity, was of the opinion that the circular did not strictly apply to the association because it functioned independently of the HC, and “that is important.”
Calling the event the “local culture of the court,” Vivek denied that the hall in which the event was organised was part of the High Court premises. “The association takes responsibility for its premises. It has been organised on our premises. It is not an official event of the courts. The association is a private body,” he said.
Divided views on secularism
For many advocates, the installation of the Ganesh idol and the allied celebrations on court premises is also a question of propriety and not just a legal one in terms of whether it violates a circular or not.
Maitreyi said that organising such celebrations would not be in tune with the Constitution. “In a secular country, the judiciary is a secular space that is not affiliated with or leaning towards any community. Instead of organising religious programmes, it would be appropriate to organise events around the Constitution,” she said.
The Karnataka High Court does observe Constitution Day. In a circular on June 26, 2022, the HC directed the district judiciary to celebrate November 26 as Constitution Day.
Rahul Machaiah, another Bengaluru-based advocate, also expressed similar views. “I think religious events shouldn’t be organised on the premises of courts. If the association is keen on organising such events for advocates, it should be done elsewhere. The hall may be allotted to the Advocates’ Association, but it’s still a part of the court campus. Apart from this, it can lead to allegations that festivals are celebrated selectively in the court premises,” he said.
He added that if the association wanted to organise such events for advocates, it should be done elsewhere.
The former AG quoted above also told TNM that he is personally not comfortable with the practice. “I am personally uncomfortable with holding religious events on court premises, but over the years, I have seen the event build bonhomie between advocates and court staff. In any case, it will be difficult to stop the event because it has been held for so many years, and that too, in the present (Hindutva) climate,” he said.
Senior advocate Hemalatha Mahishi, who has practicised in the HC for over 40 years, said there was a lot of discussion in the High Court Lady Advocates’ WhatsApp group where many people criticised the way in which the event was celebrated.
Commenting on the circular, Hemaltha Mahishi said, “You can’t separate religion and culture in a country like ours. You can’t say that religion and culture are private. People have their beliefs. If you say that this should not be done on court premises, people will start saying, ‘We are Hindus; this is our country’ and ask why they can’t hold the celebration.”
She said that the event could not be stopped because it has been organised for many years. “It should be seen more as a cultural event than a religious one.”
Another advocate told TNM that she did not agree with the idea of celebrating festivals on court premises but did not say anything on their WhatsApp group due to fear of backlash. “I didn’t want to get into it because they will verbally attack you, and accuse you of being against religion and being anti-Hindu,” she explained.
A young advocate too said he feared being labelled if he spoke out. “People approach the courts with a belief in the Constitution and judicial system, not with religious faith. They come with the hope that even if they don’t get justice anywhere, the courts will deliver justice. Places of worship and the judiciary each have their dignity and place in the scheme of things. They should be kept separate,” he said.
The advocate also pointed out that there were small shrines on the premises of the Magistrate’s Court, City Civil Court, and the High Court. If anyone raised questions about the propriety of these practices or having festival celebrations on court premises, they would not just be labelled “anti-Hindu,” but would also face retaliation that would seriously affect their careers.
Sumalatha too said that celebrating any festival on court premises was “not a good tradition.”
“Is that what we’re here for? Once we enter the profession, the Constitution is the only holy book we have. Why is the Registry silent?” she asked.
She pointed out that in the past, the High Court had objected to the shooting of a film on court premises. “If the AAB wants to celebrate a festival, it can do so at the Government Arts and Science College grounds next door.”
When asked about the Preamble of the Constitution describing India as a “secular” republic, Vivek said, “We are only accommodating the feelings of the lawyers. This is not a new festival. The culture and religion of the nation are part of the blood of the people. You have to respond to that.”
To a question on whether the association would celebrate any festival other than Ganesh Chathurthi and Ram Navami, Vivek said, “We will celebrate whatever the popular feeling is.”
Other courts
Several Supreme Court judges, High Courts, and district courts have addressed the issues of religious rituals being organised on the premises of the courts and judicial officers participating in the organisation of religious events.
Recently, in March 2024, Justice Abhay Shreeniwas Oka urged the legal community to avoid performing pooja during events related to the judiciary. “I want to say that now we have to stop doing pooja archana or lighting lamp kind of rituals during any events related to judiciary. Instead, we should keep the Preamble of the Constitution and bow down to it to start any event. We need to start this new thing to respect our Constitution and its values,” he said.
Referring to his tenure as Karnataka High Court Chief Justice, Justice Oka said, “During my tenure in Karnataka I tried to stop such religious rituals but couldn’t stop it completely but somehow managed to reduce it.”
Advocates practicing in district courts across Karnataka said that celebrating Ganesh Chathurthi within court premises is common. The Advocates’ Association of Dharwad has celebrated Ganesh Chathurthi - although on a smaller scale - within the HC circuit bench premises in Dharwad for many years.
Several judges, including Chief Justice NV Anjaria, Justices K Somashekar, KV Aravind, MI Arun, Vishwajit Shetty, and Rajesh Rai, attended the Ganesh events on the HC and City Civil court premises in Bengaluru.
The Kerala High Court had issued a memorandum in November 2022, directing judicial offers to avoid organising religious events. It issued the directions in the context of a ritual called the “Court Lamp” being hosted annually at the Guruvayur Temple by the Chavakkad Court Munsif Bar Association in Thrissur district.
The court objected to the use of the name “Court Lamp” for the event as it would give the impression that the courts of the state were associated with the religious event. It also directed judicial officers of Thrissur district to refrain from participating in the event in any manner.
“As secular democratic institutions under the Constitution, the courts cannot be seen engaging in activities that promote any particular religion,” the Kerala High Court said.
In December 2022, the Telangana High Court cited circulars from 1987 and 2018 and directed the district judiciary not to host, organise, or celebrate religious functions and religious ceremonies in court premises.
The Vadodara district judge JC Doshi had asked the local bar association not to allow religious activity on court premises after the association allowed Muslims to offer namaz in the court premises during Ramzan in May 2018.
“As the judiciary represents the Indian state, showcasing the symbology of one particular religion amounts to violating the principle of secularism,” Doshi said in a letter written to the Bar Association president.
The Bar Council of Delhi prohibited all bar associations and advocates from carrying out any religious events within court premises, chamber corridors, or even the parking area of court premises after it came to light that an advocate had allegedly used his chambers for carrying out religious conversion and performing a wedding ceremony.
TNM reached out to the High Court Registrar, KS Bharath Kumar, for his comments, but there was no response. This story will be updated if he responds.