Muchhala: First , this impugned action is not advancing the purpose of the (Education) Act. Harmony is the real purpose of the act and measure taken by them goes against harmony and the fundamental duties.
CJ : Finish your arguments today, so that we may hear the other side.
Muchhala continues. He refers to Modern Dental College case (2016) 7 SCC 353.
CJ : That you elaborate in written submissions.
Mucchala : Give me 10 mins more.
CJ : We have already noted. If you want to elaborate, give it in writing.
Mucchala : Give me 10 mins tomorrow. I will not take more than that.
Muchhala: Constitution takes into account the diversity that exists in the country.
CJ : Alright Mr. Yusuf, we have understood what you are saying. You will be able to finish today. Any other point to elaborate?
Mucchala seeks some time tomorrow to argue on proportionality.
Muchhala: The purpose of the Education Act is to promote harmony and not to create dissent among students. Why govt should come out with such impugned legislation? Are we promoting common brotherhood with this?
Mucchala : The object they have launched is opposed to the fundamental duty of the citizens as well, as it goes against the promotion of communal harmony.
Muchhala : Why are Muslim girls who conscientiously believe that they should wear headscarf be put to a Hobson's choice regarding education and faith? Is it fair?
Muchhala: All articles have to be read in conjunction with others and one fundamental right does not denude the other. Here the impact is important not the object.
CJ: We have understood, that it is not necessary that it should be an Essential Religious Practice to attract Article 25.
Mucchala : The belief has to be protected.
Mucchala : Conscience is a very wide term. There are people who do not believe in God but believe in conscience. There are some who believe in the universality of all religions.