Hijab Ban- Supreme Court Hearing- DAY-8 Live Updates

LIVELAW NEWS NETWORK

20 Sept 2022 10:15 AM IST

  • Hijab Ban- Supreme Court Hearing- DAY-8 Live Updates

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special...

    Supreme Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear a batch of petitions challenging the ban on wearing Hijab in educational institutions in Karnataka.

    A batch of 23 petitions is listed before the bench. Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special leave petitions which challenge the judgment of the Karnataka High Court dated March 15 which upheld the hijab ban.

    The SLPs have been filed against the judgment dated March 15 passed DAY 6by the High Court of Karnataka, upholding Government Order dated 05.02.2022, which has effectively prohibited Petitioners, and other such female Muslim students from wearing the headscarf in their Pre-University Colleges. A Full Bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice JM Khazi held that wearing of hijab by women was not an essential religious practice of Islam. The Bench further held the prescription of uniform dress code in educational institutions was not violative of the fundamental rights of the petitioners.

    LIVE UPDATES- DAY 2

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    Live Updates

    • 20 Sept 2022 12:17 PM IST

      Dave : The Circular's reference on the High Court's judgments are out of context.

    • 20 Sept 2022 12:17 PM IST

      Dave : The Circular has no basis to stand and law is clear, executive circular cannot travel outside the ambit of the Act. 

    • 20 Sept 2022 12:17 PM IST

      Dave : Why suddenly after 75 years this prohibition? There is no basis for the circular. Circular definitely suffers from....see the Karnataka Education Act. Is it the purpose of the Act?

      Justice Gupta : This was argued by other lawyers

    • 20 Sept 2022 12:17 PM IST

      Dave refers to pleadings, mentions to "Sulli Bai" "Bulli Bai" issues

      Justice Gupta : Bulli Bai and Sulli Bai were from Maharashtra, not Karnataka.

    • 20 Sept 2022 12:13 PM IST

      Dave : These are all reported by newspapers, no pleadings are needed.

      Justice Dhulia : Lets not go beyond the record.

      Dave : The circular has no basis.

      Justice Gupta : That point is taken.

    • 20 Sept 2022 12:13 PM IST

      Dave : There have been a series of facts which show that minorities are being attacked in Karnataka. Even if a Muslim wants to sell outside a temple, he will be thrown out.

      Solicitor General : There are no pleadings, this is not a public platform.

    • 20 Sept 2022 12:13 PM IST

      Dave : Why is that suddenly after 75 years the State brings this prohibition, particularly in view of the earlier circular which was against the uniform? The circular came like a bolt from the blue.

    • 20 Sept 2022 12:12 PM IST

      Dave on the point "malice in law". 

    • 20 Sept 2022 12:08 PM IST

      Justice Gupta : These are all principles well known, why repeat?

      Dave : I am just drawing your lordship's attention.

    • 20 Sept 2022 12:08 PM IST

      Dave refers to Puttuswamy case - 

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