Hijab Ban : Karnataka High Court Appeals To Students & Public To Maintain Peace; Urges To Have Faith In Constitution

A single-judge bench of Justice Krishna S Dixit made the appeal while hearing a batch of petitions filed by Muslim girl students challenging the hijab ban imposed in their colleges. They seek a declaration that the wearing of hijab is a fundamental right of Muslims as an essential religious practice.

Advocate General Prabhuling K Navadgi urged the court to direct the petitioner or others to not hold protests or agitations. He relied on the Supreme Court order in the case of Kisan Mahapanchayat vs Union of India, wherein the court had observed that a person who has approached the Court challenging an action should not hold public protests when the issue is sub-judice.

Navadgi asserted that the state government was in complete control of the situation but urged that till the matter is being heard by the high court, no bandhs or protest should be called and all parties should maintain decorum.

Senior Advocate Devadutt Kamat, who appeared for the petitioners (students of Kundapura college), agreed that parties who have approached the Court should not resort to public protests. He however cautioned that a blanket order to ban public protests will create larger constitutional issues as it would amount to suspending the freedoms under Article 19.

"I agree with the AG. Whoever is before the Court cannot go to public platform. But can the Court pass an omnibus injunction against others to suspend Article 19 rights? As far as petitioners are concerned, we will not do any protest. But can others be bound?", Kamat submitted.

At the end, Justice Dixit made a personal appeal to maintain peace and tranquility and refrained from passing any enforceable orders against public protests.

"I am giving a patient hearing. People should have faith in Constitution. Only a mischievous section will keep the issue burning. But making agitation, going on the street, shouting slogans, attacking students, students attacking others, these are not good things....Do not disturb the Court. You should leave the judges to peace. Suppose if I see fire and blood on TV, judges will be disturbed. If mind is disturbed, intellect will not work", Justice Dixit orally observed.

The order dictated by the bench was as follows :"Pending further hearing of the matter, this Court requests the student community & the public at large to maintain peace & tranquillity. This Court has full faith in the wisdom & virtue of public at large & it hopes that the same would be put to practice."

At the beginning of the hearing also the court clarified that, "We will go by reason and law and not by passion or emotions." The court added, "Keep all emotions outside, we will go by the Constitution of India, and it is Bhagavad Gita for me, I will go by the oath which I have taken. This applies to all parties before me including the Advocate General".

Justice Dixit had expressed concerns about the scenes of students protesting in roads and commented that it was "not a happy scene".

During the hearing, Kamat submitted that one of the colleges had permitted hijab-wearing students to enter college but they were made to sit separately from other students. Kamat submitted that it amounted to "religious apartheid" which offended Article 14.

However, the Advocate General vociferously objected to the said statement and termed it a "baseless allegation". He said that such statements will "fan feelings" and have the potential to create unrest. However, Kamath maintained his statement .

Kamat also mentioned that there were visuals of boys attacking a girl wearing hijab. This was also objected to by the Advocate General.

"Such statements will send a wrong signal. All that I am saying as the Court is hearing, there should be no protests, bandhs etc. And statements like girls in hijab are being attacked, they are dangerous. The state is in control", the AG said.

Soon after the hearing concluded for the day, considering that the protest had turned violent in some parts of the state and police had to resort to lathi-charge and firing of tear gas. Chief Minister Basvaraj Bommai, declared a three days holiday for all high schools and colleges starting tomorrow. He also appealed to everyone to maintain peace.

For detailed report of the hearing, refer this report.