Dave : High Court has fallen into error. I submit the judgment is wholly unsustainable, the impugned circular is unconstitutional, illegal and issued for legal malice and violates Articles 14, 19, 21 and 25.
Dave concludes.
Dave : Ultimately what did Tagore say, that we must wake up in a country where fear does not exist, we must not put people in fear.
Dave quotes Swami Vivekanada's Chicago speech : "Secterianism, bigotry, and its horrible descendant, fanaticism, have long possessed this beautiful earth. They have filled the earth with violence, drenched it often and often with human blood, destroyed civilization"
Dave quotes Swami Vivekanada's Chicago speech : I am proud to belong to a religion which has taught the world tolerance and universal acceptance..we accept all religions as true...I am proud to belong to a nation which has protected all persecuted...
Dave refers to ICCPR and says international conventions say minorities' rights have to be protected.
Justice Gupta : This was argued by Meenakshi Arora and Jayna Kothari.
Dave : 11th and 12th standard students are not part of regimented forces, they are students they must be in a liberal environment, and we are wearing uniform, wearing hijab in the colour of uniform.
Dave refers to SC decision which held airman cannot keep beard as part of Islamic faith, says - there the entire stress is on disciplined force in Air Force.
Dave reading out from written submissions filed before HC - says one HC judgment referred in circular was about a Muslim girl in an all-girls school, the other one was about a convent school, the third one had no discussion about hijab.
Dave : There is a judgment of Kerala HC which supports the petitioners. It has not been appealed against by the Union. It has strong persuasive value.