Kar AG referring to Justice Kurian Joseph's judgment in Shayra Bano case.
Kar AG : Everything said in Quran may not be essential. Please see Shayra Bano judgment, where the concept of triple talaq was tested.
Justice Gupta : In Punjab, there are not many Muslim families. When I visited UP or Patna, I have interacted with Muslim families and have seen women not wearing hijab.
Kar AG : I have also lived in cosmopolitan atmosphere, and I have not seen many women wearing hijab.
Justice Gupta : I can share something, I know someone in Pakistan,a judge of Lahore High Court, he used to visit India, he has a wife and two daughters, I have never seen those little girls wearing hijab at least in India.
Kar AG : On plain reading of text, it is not mandatory. We have large number of mothers and sisters who do not wear hijab. We have countries like France or Turkey where hijab is prohibited. Woman not wearing hijab does not become less Muslim. I
Justice Gupta : Mr.Pasha has said that there are 5 aspects of Islam are mandatory. According to Mr.Pasha, these will fall under the head "thowheed". So it is part of obligation of Muslim women to wear it. So to what extent thowheed is essential we would like to know.
Kar AG : If we are to accept whatever said in Quran to be essential, it will defeat the tests of essentiality. One test is whether it will change the nature of religion. Safest test. If every aspect of Quran, with great reverence, may be religious, but not essential
Kar AG : Merely because something is mentioned in Quran it may not essential..
Justice Gupta : In Qureshi judgment, what is said is cow slaughter is not a mandatory as there is an option given for goat slaughter..
Justice Gupta asks if the book "Hamilton's translation of Hedaya Book"- which is referred in Qureshi judgment is available. Judge asks to find out if it is available in SC library.
Kar AG says he will procure it. Adv Shamshad says he can get it post-lunch.