Justice Dixit : What you are saying that is State should create an atmosphere (....disturbance not clear).
Kamat : I am so grateful. Power of state should be exercised in a manner that people are able to exercise their fundamental rights.
Kamat : A mere law and order situation is not public order issue. The threshold is higher.
Kamat refers to Supreme Court judgments on public order which hold that "public order" is not synonymous with "law and order".
Kamat : The GO has been issued under the Section which relates to powers to determine curriculum.
Kamat : Lordships will have to see whether the Court will accept without questioning state decision or scrutinise whether state is hiding from performing its law and order situation or showing a bogey of public order.
Kamat : I am not saying it is a straight-jacket. State has to justify on material on record that restriction which has been placed is justifiable on the issue of public order. And when lordships are considering this is a relevant consideration.
Justice Dixit : If I carry a baby of a swine and go to Connaught Place, nobody will create an issue except saying this man has gone crazy. But if I go like that to a mosque or a temple or a church, it might create an issue.
Justice Dixit : Is there a uniform test for public order? That if it is not public order issue outside, it cannot be a public order issue inside.
Kamat : If it is a public order issue, how is it that when Muslim women wear #hijab outside, it is not a public order issue and it becomes a public order issue when they enter college? When they go to market, not issue but in college there is a public order issue!
Kamat : Now let us test this public order issue. When I joined the college, there was no public order issue. All these years, there was no public order issue.