AG: The background behind the order of Feb 5...we are placing it on record...What is the background to this is the point..this is centric to Govt PU college, Udupi.
Chief Justice : What is the rationality behind the Government Order of February 5.
AG : We will come to that.
AG : Practise of Hijab must pass the test of Constitutional morality and individual dignity as expounded by the Supreme Court in the Sabrimala and Shayara Bano (Triple Talaq) cases. This is the positive proposition we are independently arguing.
AG : Third one is that this right to wear hijab can be traced to Article 19 (1) (a). Submission is that it does not do so.
AG : Second is the more substantive argument that hijab is an essential part. We have taken the stand that wearing of hijab does not fall within the essential religious practise of Islam.
AG : As I have understood, the controversy falls in three broad categories. Firstly, the order dated 05.02.2022. My first submission is that the order is in consonance with the Education Act.
Advocate General begins submissions for the State.
Mohan says petitions was filed due to urgency.
Bench gives time till Monday to produce the resolution.
CJ : First show the resolution of the society to permit you to file.
Mohan : Monday I will produce.
CJ : No, we will not permit. You should've been careful. You're wasting the time of the Court. You say first time this question has come! Look at the way you have filed.
Mohan : The Chairman himself is filing this petition.
CJ : Is Chairman authorized? Show us the byelaw.
Mohan : I will produce the authorization. We have filed several WPs earlier. This issue has never come up.
CJ : This is shocking, just because you have not been asked before.