The Supreme Court of India
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New Delhi: The Supreme Court on Wednesday rejected a plea by the 49th Mathadipati of the Shri Sidhagiri Matha, Kaneri, Kolhapur, Maharashtra against an externment order issued against him by Vijaypura's Deputy Commissioner on October 15, 2025 for use of alleged derogatory and defamatory language.
A bench of Justices Pankaj Mithal and Prasanna B Varale noted certain remarks were made which can disturb the communal harmony that is why the order was passed.
"Why you insist upon entering the district? India is such a big country, you go somewhere else," the bench asked senior advocate Raghavendra S Srivatsa, appearing for the petitioner.
The counsel said initially the order was issued by Vijaypura district administration but embolden by the dismissal of his writ petition by the Karnataka High Court on October 17, another order was issued Bagalkot district authorities for him to leave the place within one hour.
He said the approach of the High Court is defective. Fundamental freedoms under Article 19 of the Constitution can't be curtailed if somebody says abusive language was used, the counsel contended.
"You are a religious leader, you have to be very careful while speaking. Don't give any speech which flares up communal passion," the bench told the counsel, who claimed, the action was taken at the instance of certain Lingayat religious leaders who have got the state's patronage. Such leaders used all kind of derogatory language against Hindu deities, he alleged.
"Don't go to the district for a period for two months," the bench told the counsel, who complained the state authorities wanted to banish him from all the districts.
"If you behave in such a manner, every district magistrate will banish you," the court told the counsel.
The counsel insisted the petitioner Swamiji has not incited any violence, there is no complaint that at his instance or due to his words, his disciples or followers indulged in any kind of violence. If the state failed to control bad acts of others, should the petitioner be made to suffer, the counsel asked.
"It is an opportunity for you to stay away and indulge in spiritual things. You should sit in some other math and do Sadhana. Why you insist from going to this particular district," the bench told him.
"If your acts are disturbing the public peace, the Collector or Commissioner is empowered to banish you," the court told him.
The counsel submitted the speech by the petitioner was made on October 9 and the externment order was passed on October 15. There are other sets of religious leaders who were spreading the separatist notion, he alleged.
The counsel said the High Court did not consider the violation of his fundamental freedoms.
"Look at my speech, in fact, it is the other set of religious leaders who are dividing Hindu religion," he said.
The court said it was not inclined to interfere with the order issued by the district authorities Vijaypura. It noted the High Court has upheld the order. It also pointed out there were police and intelligence reports that his speech was likely to disturb peace in area.
"We clarify the petitioner would be free to enter the district after December 14, 2025 until and unless there is a specific order restraining his entry thereafter," the bench said.
The court also said the order passed by the Deputy Commissioner, Vijaypura under Section 163(3) of BNSS should not form the only basis of passing any further order.
Senior advocate Vikas Singh and Karnataka's Additional Advocate General Nishanth Patil and Aman Panwar appeared for the Karnataka government.