Hijab Case Listing Delayed As Judges Weren't Well, Will Constitute Bench Soon : CJI NV Ramana

The Hijab case was again mentioned before the Chief Justice of India today for urgent listing.

Before Senior Advocate Meenakshi Arora, who was there for the mentioning, started her submission, CJI NV Ramana told her-  "I will constitute a bench. One of the judges is not well".

Arora indicated that the petitions were filed way back in March. "It was in March...at least if a date could be given", she said.

"Wait. If judges would've been alright, the matter would've come", CJI Ramana said. The petitions are filed against the judgment delivered by the Karnataka High Court on March 15 upholding the ban on wearing hijab in educational institutions. 

Two weeks back, on July 13, Advocate Prashant Bhushan had mentioned the matter for urgent listing, saying the petitions have not been listed since March and that the students are facing difficulties. The CJI had then agreed to list the case the next week.

In March, CJI had turned down a plea made by Senior Advocate Devadutt Kamat for urgent listing of the matter, saying that Hijab issue has got nothing to do with the exams.  On April 26, when another mentioning attempt was made - this time by Senior Advocate Meenakshi Arora- CJI had told her that the matter will be listed in 2-3 days.

The SLP has been filed against the judgment dated March 15 passed by 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.