Hijab Ban- Karnataka High Court Full Bench Hearing (Day 8)- LIVE UPDATES

Justice Dixit : Source on which Mr Kamat banked upon can they be recognised as authorized?

AG : In credits,they say website created by some volunteers

Justice Dixit : Any High Court in country has considered it to be an authoritative source?

AG : To my knowledge, No.

AG :  Mr Kamat has relied on http://Quran.com . Sr Adv Devdatta Kamat confirms the same.

AG : In Kerala High Court, what Justice Mustaque has done is, the Arabic version of this speaks of "Khumar", Khumar he says is the dress worn over head. There the reference is to Hadith. The judgment is pre-Shayra Bano and Sabarimala case.

CJ : Do you mean to say that portion of the Quran the petitioners have relied also does not mention about Hijab?

AG : Yes

Justice Dixit : But Kerala High Court judgment has said..

AG now refers to Sura 33, Verse 59

Chief Justice : It talks about a dress which is a long gown. Not headdress

AG: They have relied upon. This is an area I would be more circumspect in making submission. Because it is very Holy.

Justice Dixit referring to the Sura : Hijab as such is not mentioned.

AG : That is what I wanted to point out.

CJ: What you want to show from this?

AG : Yusuf Ali for instance, the reliance placed by petitioners are on two Suras...Sura 24 Verse 31...

"say to the believing women that they should lower their gaze and guard their modesty .that they should draw their veils over their bosoms

"....and not display their beauty except to their husbands, their fathers..."

AG: Syed Yusuf Ali books also contains commentary. I would place it on record of the court. It is not for us to elaborate, I leave it to the court on how it is to be construed.

AG : Petitioners have referred to http://Quran.com. It is a website created by few volunteers and it is not authorised. But translation is more or less the same in respect of these verses with which we are concerned.

AG: Second book is by Muhammad Marmaduke Pickthall. This was referred to Justice Chandrachud Senior in Shah Bano case. We have given the translations.