Hijab Ban- Karnataka High Court Full Bench Hearing (Day 11)- LIVE UPDATES

Update: 2022-02-25 09:10 GMT
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Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab....

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Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.

The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.
On Monday, Chief Justice sought a clarification from the State regarding its stand on banning hijab. This arose in view of the AG's submission that the Government Order dated February 5, which has been challenged in the writ petitions, does not prescribe any ban on hijab and that it is only an ""innocuous" order which asks students to follow the uniforms prescribed by their institutions.
During one of the previous hearing, the High Court clarified that the interim order passed by it on February 10, which prohibited wearing of religious dresses by students in classrooms, will apply to both degree colleges and Pre-University (PU) Colleges, where uniform has been prescribed.
Yesterday, Senior Advocate Devadatt Kamat made his rejoinder arguments for Muslim girl students, challenging the action of a government PU college in denying their entry for wearing a hijab (headscarf). Kamat argued that people who want to wear head scarf are denied right to education on the pretext of this GO. "Their right to education which is paramount is being put on back burner. As a state you should facilitate and create an enabling atmosphere."
Opposing State's submissions on the aspect of Constitutional Morality, Kamat added that Sabarimala and Navtej Johar judgments that were cited by the Advocate General are "pro-choice" judgments. "Constitutional morality is pro-choice. It is a restriction on state power," he said.
Yesterday, the Court also heard Senior Advocate AM Dar for students of another college who were denied entry. It also heard Senior Advocate Guru Krishnakumar for the Respondents.
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2022-02-25 10:50 GMT

Hearing concludes. Judgment reserved. AG thanks the bench for the patient hearing on behalf of the Bar.

Bench asks parties to give written submissions.

2022-02-25 10:50 GMT

Tahir: Assume that lordships says school is a secular place where head scarf is not allowed. Tomorrow govt will come and say this mall is a secular place and so our traditions will remain in four corners of the house.

2022-02-25 10:49 GMT

Tahir : Interim order, two things have been mentioned, hijab and saffron shawls, nobody has complained that we want to wear saffron shawls. Only those students who are wearing hijab are protesting.

2022-02-25 10:49 GMT

Tahir: Uniformity in the name of secularism will mean only minorities will be at loss, only minority will be at loss.

2022-02-25 10:47 GMT

Tahir: In this particular GO, it is a case of indirect discrimination, State is saying that operative portion is saying we are giving power.

CJ : Nobody has raised the argument of discrimination under Article 14.

2022-02-25 10:47 GMT

Tahir : Senior counsels have stressed on secularism. First the question are our institution really secular? Saraswati pooja and ayudha pooja are allowed, Court has said rituals not hindering anybody's rights can be allowed.

2022-02-25 10:44 GMT

Tahir : Learned AG has said if Court declares Hijab as essential, all will have to wear and other women's interest have to be considered.

Namaz no body has dispute that it is an essential part of Islam. So many people dont pray in Islam, so do they go out of Islam.

2022-02-25 10:42 GMT

Tahir : Before that there was no such committee. The power is given in 2014, function assigned not even a single documents produced, to show that CDC has done the function.

2022-02-25 10:42 GMT

Tahir: CDC came into force in the year 2014 and before that there was no CDC.

CJ: What was position before 2014.

AG: Before this the committee was know as College Betterment Committee

2022-02-25 10:40 GMT

Tahir refers to resolution which says "shawl on the shoulders". If somebody wants to prescribe uniform they will not say where it is to be worn. 2013-18, another MLA was representing the constituency. No resolution from his term is produced.

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