Kamat : Whether the restriction on hijab can be traced to any of the grounds under Article 25. My submission is no.
Justice Gupta asks if Kamat is going to address on all issues.
Kamat says he is not arguing on Essential Religious Practice and Quranic injunctions and other lawyers will.
Kamat : If I want to wear a headscarf, I want to wear a namam or kara if it makes me feel better, your lordships will protect me. It is not the question of where is the right. It is the question of where is the restriction.
Kamat : None of the grounds in Article 25 is made out in the first part of the GO.
Kamat : If I wear a headscarf, whose fundamental rights am I violating?
Justice Gupta : It is not the question of violating other's fundamental rights, the question is whether you have the fundamental right.
Kamat : Public order ground is raised in the statement of objection.
Justice Dhulia : GO prescribes management commitees to ban hijab?
Kamat : It is not prescribing, it is saying commitees can decide.
J Dhuli : So they(committee) derive their power from the GO
Kamat : State says wearing of headscarf violates public order.
Justice Gupta referring to GO : It is saying head scarf prohibition is not violating Article 25.
Justice Gupta : Mr Kamat don't wase time on public order.
Kamat : But the GO mentions public order. It is there. I am not making submissions in the air.
Justice Dhulia : You read the GO and tell subsequently what was held by the Court.
Kamat : Hecklers Veto principle has been adopted by your lordships.
Justice Gupta : Yes we have noted.
Justice Gupta : There are issues where there are disputes within religious precincts itself. Public order is a state responsibility at all places. Sometimes even in court.
Kamat : State's objection was somebody is creating the issue because students are wearing headscarf.
Justice Gupta : This was a case where a film was not permitted to be screened due to apprehension of breach of peace.
Kamat : That is my submission.
Justice Gupta : But you are still not answering our question. Public order when...
Kamat : Im coming to that.
Kamat referring a judgment delivered in 2019 against shadow ban of a film in West Bengal. Points out Justice Gupta was also part of the bench.
Kamat : My lord Justice Gupta sitting with Justice Chandrachud.