Justice Dixit notes the first point of law : The wearing of Headscarf (hijab) is part of essential religious practise, as prescribed by the Holy Quran and therefore the State cannot direct against Quranic injunctions.
Kamat : The second proposition is that the right to wear a dress is a facet of the fundamental right to speech and expression under Article 19(1)(a). The threshold of "public order" is extremely high to restrict this right.
Dixit : We are not talking of burqa or entire veil. It is head scarf. The first submission is that the wearing of the hijab is an essential religious practice of Islam.
Justice Dixit notes the first point of law.
Kamat : Feb 5 GO is hinged on three decisions by State High Courts. The conclusion of the GO is that there is no fundamental right to wear head scarf.
Advocate General : College Committees decide the uniform. If any student wants relaxation, let them approach the Committees. Lot of sisters and daughter to the community are already in two minds.
Devdatt Kamat : The stand of the State is not as innocuous as this. They have issued a GO.
The bench says it will start hearing the matter on merits as the State is not agreeable to the via media suggestion of the petitioners to allow the wearing of #Hijab for the last two months of the current academic year.
Advocate General : No impression should be given that state should show generosity. We have not intervened in this matter. Autonomy is given to colleges to decide about uniforms. I am only here to address on the larger questions of law.
Sr Adv Devadatt Kamath: If state can show some geneorisity, let students wear the hard scarf of the same colour of their uniform till the exams are over and the court can then decide the matter
Justice Dixit : I have also to tell one more thing. When I opened my WhatsApp, hundreds of messages were there, from unknown numbers, saying this Court has held this and that.
Advocate General : This invoves a question whether there is a right to wear hijab in educational institution under Article 25. Via media in such cases is not involved. There are substantial questions of law are there.
Justice Dixit turns to Advocate General : Have you heard Tahir sab?He says you can put to an end this controversy for atleast two months and aftter that if the policy comes they will abide it.
Justice Dixit : We cannot see everyday students going to road. That's not a happy scene. International community also seeing.
Tahir : Only very limited time is left for the academic year. Let them be permitted for two months at least.
Justice Dixit : After two months will you abide by the rules?
Justice Krishna Dixit : We will go by reason, by law, not by passion or emotions. We will go by what Constitution says. Constitution is the Bhagavad Gita for me. I have taken the oath to abide by Constitution. Lets keep the emotions aside.
Adv Mohammed Tahir making submissions for one petitioner: Only two months are remaining for the academic year to end.