Hijab Ban Row: Karnataka High Court Quashes Criminal Proceedings Against Two Youth Accused Of Making Graffiti On Govt School Wall

The Karnataka High Court has quashed a criminal case registered against two youth accused of writing “Hijab is our dignity” with black paint on the walls of a Government Girls High School, near CMC Hosapete, Vijayanagara.

A single judge bench of Justice M Nagaprasanna sitting at Dharwad allowed the petition filed by Muzammil (23) and Mohammad Jamaul (25), and quashed the proceedings initiated against them under Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981.

The bench noted that the provisions of the Act were not made applicable to the area in question.

As per the complaint filed by the Headmaster, when he entered the school premises on the morning of 16th March, 2022, the walls were painted with the aforesaid graffiti. This was a day after the Karnataka High Court dismissed the petitions filed by Muslim girl students, challenging the action of a government PU colleges in denying their entry for wearing a hijab (headscarf).

The petitioners argued that the offence under the Act could not have been laid against them as it is not one of those districts which have been notified to be coming under the Act, as is required in law.

The prosecution sought to refute the submissions, but admitted the fact that no notification is issued, as is necessary under the Act, to bring in Hosapete Town under the ambit of the Act.

The bench said “For an incident to become an offence under Section 3 of the Act, the rigor of Section 1 of the Act will have to be noticed. Section 1 of the Act directs that to bring a place / local area within the ambit of the Act, a notification from the hands of the State Government is imperative.”

Noting that Hosapete Town is admittedly not notified to be coming within the Act, Court held, "further proceedings if permitted to continue would become an abuse of the process of the law and result in miscarriage of justice.“

Accordingly, it allowed the petition and quashed the proceedings.

Case Title: Muzammil & ANR v. State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 101193 OF 2023

Citation: 2023 LiveLaw (Kar) 329

Date of Order: 01-08-2023

Appearance: Advocate Mohammed Azuruddin M for Petitioners.

HCGP V S Kalasurmath for Respondents.

Click Here To Read/Download Order