CJI Refuses To Give Urgent Listing For Pleas Against Hijab Ban In Classrooms; Says 'Exams Have Nothing To Do With This Issue'

The Chief Justice of India on Thursday did not accept a request for urgent listing of the petitions challenging the Karnataka High Court Judgment which held that Hijab is not an essential religious practice of Islam and upheld the ban on wearing headscarves in classrooms.

Senior Advocate Devadatt Kamat mentioned the matter before the Chief Justice of India seeking urgent listing saying that exams are going on.

"Exams have nothing to do with the issue", CJI Ramana said. 

"They are repeatedly mentioning", Solicitor General intervened.

"Mr.SG can you wait", the CJI told the SG.

"Don't sensitise the issue", the CJI said.

"These are girls...the exams are from 28th. They are being restrained from entering the schools. One year will go", Kamat pressed.

"Next item", CJI said without indicating any date. 

The Supreme Court had on 16th March said that it will list the case after the Holi vacations, when urgent listing of the petitions was sought by petitioners on ground of upcoming exams 

Aisha Shifat,1st year student of the Government PU College, Kundapura, Udupi District, Karnataka has moved the Supreme Court against the verdict.

A Full Bench of the Karnataka High Court in the impugned order held that the wearing of hijab is not a part of Essential Religious Practice in Islamic faith and thus, is not protected under Article 25 of the Constitution.

The Court further held that prescription of school uniform by the State is a reasonable restriction the students' rights under Article 25 and thus, the Government Order issued by the Karnataka government dated February 5 is not violative of their rights.

Accordingly, the Court has dismissed the petitions filed by Muslim girl students, challenging the action of a government PU colleges in denying their entry for wearing a hijab (headscarf).

Chief Justice Ritu Raj Awasthi read out the operative portion of the judgment in the open court as follows :

"Our answers to the questions are, wearing of Hijab by Muslim women does not form Essential Religious Practice in Islamic faith.

Our second answer is prescription of school uniform is only a reasonable restriction, constitutionally permissible which students cannot object to.

In view of the above, the government has power to issue the GO of February 5 and no case is made out for its invalidation.

All writ petitions being devoid of merits are dismissed".