Pasha : Kamat is a student of Hindu law, I am a student of Islamic law.
Pasha : The first question to be answered by your lordship is what is the test to be used for essential religious practice.
Refers to Shirur Matt case.
Advocate Nizam Pasha is arguing now
Devadatt Kamat concludes arguments.
Justice Gupta : Thank You Mr.Kamat.
Kamat : Kindly see my penultimate prayer. Article 145(3). It is mandatory to refer.
Kamat : On plain administrative law principles, this is a violation of Section..High Court says I have not challenged the circular (constituting CDC). I don't need to. Once you start investing in CDC state power, we can challenge. It is not required to be challenged in 2014.
Kamat : Can they decide issues of public order, morality etc under Article 25? See the enormity.
Kamat : President of CDC is an MLA. If they are placed under the custody of the MLA, kindly see the repercussions.
Justice Gupta : They are representatives of the people.
Kamat : MLA is not an authority subordinate to State Govt. This can't be delegated to the MLA.
Kamat : But the High Court says reasons do not matter as long as power to issue GO is there. It is settled law Court cannot supplant reasons. And High Court has done so in this case.
Kamat : According to me, the power cannot be delegated to the College Development Committe. Who is the CDC, it has MLA, parents. And the power cannot be delegated to a non-State actor. I will demonstrate that CDC is a non-State actor.
Kamat : My question is whether the GO suffers from complete non-application of mind and wheher High Court could have supplied reasons for the GO?
Kamat : AG rightly conceded that none of the judgments mentioned in the GO prohibited hijab. But the State says as per aforementioned judmgents, ban of hijab is not violaitng Article 25. That is complete non-application of mind. Rightly conceded by the AG.
Kamat : Last limb of the argument is on administrative law. On the face of it, the GO cannot stand.
Justice Gupta : We have seen it.
Kamat : I am not on the points already canvassed