Dave : The Circular's reference on the High Court's judgments are out of context.
Dave : The Circular has no basis to stand and law is clear, executive circular cannot travel outside the ambit of the Act.
Dave : Why suddenly after 75 years this prohibition? There is no basis for the circular. Circular definitely suffers from....see the Karnataka Education Act. Is it the purpose of the Act?
Justice Gupta : This was argued by other lawyers
Dave refers to pleadings, mentions to "Sulli Bai" "Bulli Bai" issues
Justice Gupta : Bulli Bai and Sulli Bai were from Maharashtra, not Karnataka.
Dave : These are all reported by newspapers, no pleadings are needed.
Justice Dhulia : Lets not go beyond the record.
Dave : The circular has no basis.
Justice Gupta : That point is taken.
Dave : There have been a series of facts which show that minorities are being attacked in Karnataka. Even if a Muslim wants to sell outside a temple, he will be thrown out.
Solicitor General : There are no pleadings, this is not a public platform.
Dave : Why is that suddenly after 75 years the State brings this prohibition, particularly in view of the earlier circular which was against the uniform? The circular came like a bolt from the blue.
Dave on the point "malice in law".
Justice Gupta : These are all principles well known, why repeat?
Dave : I am just drawing your lordship's attention.
Dave refers to Puttuswamy case -