ASG : There is no requirement to refer to Constitution Bench. This is a simple case of discipline. No person has been discriminated on the ground of religion. All have been treated equally.
ASG : Tomorrow a person might say Burqa is my fundamental right. But when you go to airport, you have to show your face. A Hindu can say performing Hawan is fundamental right, but can say allow hawan at India Gate or in Court. All religious rights must be balanced.
ASG referring to the judgment which held airman can't keep beard violating the code of the forces.
ASG : Question is not hijab. We say follow uniform.
J Dhulia : But the net effect is a girl can't wear hijab. Give a straight yes or no answer.
ASG : State has not said don't wear hijab. We respect hijab, we respect shawl, everything.
J Gupta : You say keep it outside school.
Justice Dhulia : So you are preventing them from entering school because you want to promote national integration?
ASG : We are not preventing anyone, we are saying follow uniform.
Justice Dhulia : But you prevent them from wearing hijab?
ASG : State action was to promote oneness, students should feel equal.
ASG referring to judgments which hold that Article 30 does not confer absolute right - he relies on the judgments to argue that no fundamental right is absolute and without restrictions.
ASG refers to objectives of the Karnataka Education Act -better administration of education, cultivating secular outlook and scientific temper among students, discipline..
ASG refers to Article 30 - Article 30 right, reading on first blush, looks like an absolute right. There are no riders. But this court has interpreted in a catena of judgments has held that Art 30 rights are not absolute and can be regulated.
ASG : How can you have religious symbols in a secular education institution? Secular education is not meant for that.
Justice Gupta : According to you, irrespective of no violation of public order, morality or health, Article 25 can be made subject to Article 14.
ASG: Yes, Article 25 is regulated by Article 14.