Legal Topics

Hijab controversy: Let Karnataka High Court hear the matter; we will be listing it later: Supreme Court to Kapil Sibbal

The Supreme Court on Thursday refused to intrude on the trouble associated with the sporting of Hijab (headscarf) by using females of a specific community, pointing out that the depend was once already pending earlier than the Karnataka High Court.

Senior Advocate Kapil Sibal referred to the count number earlier than a Bench led by way of Chief Justice N.V. Ramana.

Sibal: It’s spreading in the complete us of a now.

CJI: Let the High Court hear the matter. Today, it’s listed earlier than the 3-Judge Bench.

Sibal: The tests are two months away.

We have filed a petition this morning. This count has to go earlier than 9 Judges.

CJI: This is too early for us to take up at this stage. Let’s see some period in-between comfort the HC may additionally give.

Sibal: This trouble wishes to be considered.

CJI: If we list the matter, HC won’t hear the matter.

Sibal: Schools and schools are closed. Girls are being stoned. This problem ought to be considered.

CJI: Let the HC hear it first.

Sibal: I’m asking this court docket to list it. If the HC doesn’t bypass orders, this courtroom can switch it to itself and hear it.

CJI: We will see.

The be counted is listed for listening to before the Karnataka High Court full Bench, led through Chief Justice Ritu Raj Awasthi, and additionally comprising Justice Krishna S. Dixit, and Justice J. M. Khazi, at three pm today.

On Wednesday, the Single-Judge Bench of Justice Krishna S. Dixit had referred to a large bench, a batch of petitions filed with the aid of Muslim female college students in the state, claiming that they had been now not being allowed to enter faculties on account of an authorities order that banned the sporting of the hijab (headscarves).

The Bench had discovered that the count required consideration of a large bench, because of the associated verdicts given by using the neighbouring High Courts.

Senior Advocate Sanjay Hegde, acting for one of the petitioners, advised the Court to supply the college students intervening time alleviation whilst the remember is referred to a large bench.

“They have solely two months (of the tutorial year) left. Do now not rule out them…we want to discover a way that no female toddler is disadvantaged in education…Today what is simply essential is that peace comes, Constitutional fraternity returns to the college. No heavens will fall for two months…”

Appearing for a university improvement committee, Senior Advocate Sajan Poovayya, however, contended that the questions raised in the writ petitions are squarely falling underneath Justice Dixit’s roster. Therefore, he entreated the Court to figure out the count number after listening to the parties.

Advocate General Prabhuling Navadgi antagonistic the supply of period in-between relief. He submitted,

“My submission is that my realized buddy (Kamat) has carried out his arguments. Now, it is for State to argue and then it is for the Court to adjudicate…I desired to say the petitions are misconceived. They have puzzled the GO. Each organization has been given autonomy. The state does no longer make a decision.”

During yesterday’s hearing, Senior Advocate Devadatt Kamat was regarded as one of the petitioners. His submissions have been as follows:

Wearing the head scarf (not burqa or veil) is a necessary section of the Islamic religion;

Wearing of hijab is covered via proper expression below Article 19(1)(a) and can be constrained only on grounds below Article 19(6);

Wearing hijab is a side of the proper to privateness acknowledged as section of Article 21 through Puttaswamy judgment of Supreme Court;

Government order is outdoor the scope of the Karnataka Education Rules and the State has no jurisdiction to trouble the same.

Because of the records that tests are approaching, and that the petitioners have been exercising their proper to put on hijab for the final two years, Kamat prayed that they are granted meantime remedy with the aid of being allowed to attend training for now.

The Court subsequently appealed to the scholar neighbourhood and the public at massive to hold peace and tranquillity in the wake of protests in opposition to the authority’s order.

Leave a Reply