Hijab Ban- Karnataka High Court Full Bench Hearing(Day 4)- LIVE UPDATES

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16 Feb 2022 8:27 AM GMT

  • Hijab Ban- Karnataka High Court Full Bench Hearing(Day 4)- LIVE UPDATES

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...

    Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.

    The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.

    On Friday the Court requested the State to re-open the educational institutions at the earliest and has restrained students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending hearing.

    Senior advocate Devadatt Kamat appearing on behalf of aggrieved students made extensive arguments on Monday. It is the petitioner's case that the right to wear hijab is an essential religious practice under Islam, and the State is not empowered to interfere with such rights under Articles 14,19 and 25 of the Constitution.

    Yesterday, Kamat had underscored that the declaration made by the State government that wearing of a headscarf is not protected by Article 25 of the Constitution was "totally erroneous'. It was also submitted that the conduct of the State government in delegating to the College Development Committee (CDC) to decide whether to allow headscarves or not is 'totally illegal'.

    Live Updates

    • 16 Feb 2022 9:23 AM GMT

      Kumar refers to Rule 11 of the Education Rules.

      He refers to the rule which says that educational institution should give one-year advance notice to parents for changing uniform.

    • 16 Feb 2022 9:21 AM GMT

      Chief Justice says if the bench feels the requirement of assistance, the bench will hear the intervenors.

      Prof Ravivarma Kumar Sr Adv now resumes submissions. He is referring to the Education Act.

    • 16 Feb 2022 9:21 AM GMT

      Chief Justice : Alright. Let's begin the hearing.

      AM Dar Sr Adv says Senior Advocates be given priority.

      Adv Raj : Because it involves a constitutional issue, please permit intervenors for at least five minutes.

      CJ : Petitioners are represented by senior lawyers.

    • 16 Feb 2022 9:19 AM GMT

      Adv Shadan Farasat: Lordships may impose time limit on us. I am going to submit on international law and obligations in this context. I am sure nobody else is arguing that. Please impose time limit, but don't exclude us.

    • 16 Feb 2022 9:19 AM GMT

      Chief Justice : Petitioners are being represented by senior advocates. Where is the question of considering the interventions? These applications will waste the time of the court.

    • 16 Feb 2022 9:17 AM GMT

      Advocate General : In the Sabarimala dissenting matters, Justice Indua Malhotra had observed that in religious matters interventions in PIL cannot be allowed.

    • 16 Feb 2022 9:17 AM GMT

      CJ : Your suggestion is that one lawyer should argue one petition and arguments should not be repeated. From the causelist we find so many IA have been filed regarding intervention. What we feel is that all these IA are not required to be considered. Because this is not a PIL

    • 16 Feb 2022 9:16 AM GMT

      Adv Kaleswaram Raj: My suggestion is lordships should prescribe the order for arguing for each advocate and time limit.

      Advocate General : I would support that.

    • 16 Feb 2022 9:15 AM GMT

      Bench assembles.

      Adv Subhash Jha: This is the fourth day, every lawyer is capable of arguing for hours. The submission is that issue which the lordships is to decide is not res-integra. Let it be decided as expeditiously as possible. 

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