Ahmadi : The argument was Article 25 is subject to Article 14. For that, you have to show someone else's fundamental rights are violated by someone wearing hijab.
Kar AG interrupts - says Bacchan Singh case brings a paradigm shift that these tests can be used only for fundamental rights.
Ahmadi : Bacchan Singh ultimately holds there is no infraction. It does not hold pith and substance test has to be used for fundamental rights.
Ahmadi : The argument of "pith and substance" is misconceived. It is a doctrine to apply for legislative entries. You can't apply it when fundamental rights are infringed. Same for the test of dominant intention.
Ahmadi. :These tests do not apply to fundamental rights, where even in incidental infringment will be bad.
Ahmadi : The AG says we have to look at only at the circular and not the background. Even the High Court says that the reasons in the circular do not appear to have been justified.
Ahmadi : If a circular is issued saying no one can wear turbans, we can know it is targeting Sikhs. It will be facially neutral but targeting one group.
Ahmadi : Circular has to be read as a whole, its purport has to be read as a whole and its effect has to be seen.
Ahmadi : Circular does not say, you can't openly wear a cross or rudraksh. I can understand if circular says on the opening of school, we will not have religious functions. The circular is only targeting head scarf and only one community wears it.
Ahmadi : I can understand if the circular says no religious symbol is allowed. The circular speaks only of head scarf.
J Gupta : No, it is only in the preamble of the circular. The order part does not say about #hijab.
Ahmadi : Circular has to be read as a whole.
Ahmadi : Secularism is used a ruse to defend the ciruclar, which though facially neutral, is targeting Muslim students.
Ahmadi : Nothing has been shown why should anyone get provoked when a girl wears hijab. The suggestion that there were public order issue is puerile. It amounts to yielding to pressure groups and bullying which is hardly a sign of good governance.
Ahmadi : When it is a fundamental right to wear hijab, the question of someone instigating pales into insignificance.
Ahmadi : I can understand if there were competing fundamental rights. They have not shown which fundamental right of the other section of students has been violated. It is only when rights are deprived, administrative orders can be passed.