Dave refers to passage in Shiru Mutt case which says propagation of religion can taken place in a "parlour meeting" also.
"So it can take place in a school also"- Dave.
Dave : I may not follow my own Mulla, or Pandit or Guru. It does not matter.
Dave : Religious right is individualistic, it is the choice of an individual.
Dave refers to Shirur Matt case.
Justice Dhulia says there is a US decision which holds that a golf course is a public place.
Justice Gupta : It was a tradition, whenever one goes to respectful places, head is covered.
Dave : And classroom is a respectful place. Look at our Prime Minister. How beautifully he wears turbans on important days...it is a way to respect the people.
Dave : The Bar Council of India prescribes a dress code. If tomorrow, I come to a Court wearing a cap, will your lordships stop? It was the tradition of lawyers to wear caps or turbans in court rooms.
Dave : Where does that come from? There is no such restriction..
Justice Dhulia : Argue on that.
Dave : The fundamental rights I have I can exercise anywhere, whether in my bedroom, or classroom.
Justice Dhulia : The problem the High Court sets for itself is whether it is essential religious practice, it holds it is only directory, it discusses fundamental rights and says when it comes to class room, there is no fundamental right.
Dave : The High Court judges have not really understood what Constitutional morality is, what Constitutionalism is and what Constitutional philosophy is.