Mucchala : Whether right to privacy and right to freedom of expression and right to practice religion are mutually exclusive or supplement each other.
Mucchala : But I have mentioned certain other points - whether right to freedom of right to education are mutually agnostic? Does the doctrine of essential religious practice apply to right claimed under Art 25(1).
Mucchala : I would like to point out to the preliminary objection that the matter should be referred to the Constitution Bench. On this my learned friend Mr.Kamat has made submissions, which I will not repeat.
Justice Gupta :We can only take into account the averments made before the High Court.
Mucchala : See the averments in the SLP...
J Gupta : What is your argument?
Mucchala : We have given instances of denial of entry for people for wearing hijab. This is denial of access of education.
Muchhala : It is astonishing that the learned judges of the High Court held that there were no pleadings.
Mucchala continues reading from the petition, showing the bench pleadings regarding hijab - "...previous students since several years have continued to wear hijab without any hindrance".
"There is no denial of this by the respondent", Muchhala.
Mucchala reads out from the petition - "It is submitted that petitioners conscientiously believe that hijab is a part of their religion..."...
Mucchala : I draw your lordships attention to paragraphs...which will make it sufficiently clear that the findings of the learned judges that there are no pleadings regarding wearing of hijab are wrong.
Sr Adv Yusuf Muchchala starts by saying that the High Court finding that there are no pleadings in petition as to when the students started wearing Hijab is wrong.