'Even Teachers Not Spared': Advocate Alleges Misuse Of HC Order In Hijab Ban Case; Advocate General Assures To Look Into It On Giving A Written Complaint

Advocate Mohammed Tahir appearing for one of the petitioners, at the end of the hearing today submitted to the court that, "These all writ petitions are private in nature and lordships have passed interim order, considering the law and order situation. The order has specifically stated that it is in respect and only confined to those colleges where the CDC has prescribed any uniform. But in spite of that, the state has extended this order and enforced it to all the schools, degree colleges, and all the colleges. Even the school teachers are not spared."

Further, he urged the court to call for a report on how the order is being implemented. He said, "Because Muslim community members are facing so much difficulty because of this order. Every department is interpreting it in a different manner."

It was also pointed by him that, "Yesterday Minority welfare department has passed an order, even Urdu schools where there is 100 percent Muslim population, teachers are all Muslims but they are enforcing the order. It is causing a lot of chaos in the society."

He added, "The purpose of the order was to prevent law and order situation, but it is creating further law and order situation. The police are deployed in front of the gate and they are forcing Muslim girls and threatening them. But the order was not to wear hijab inside the classroom. But in spite of that at the gate itself police personnel are posted who threaten them to remove their burqa and scarf."

The full bench headed by Chief Justice Ritu Raj Awasthi said, "Our order is very clear."

Advocate General Prabhuling K Navadgi said, "Let him give me the details in writing, we will instruct suitably to ensure that nobody acts beyond lordship's interim order. I assure your lordships that there will be no cause for hardships, provided he gives me the details in writing, by way of a letter or something, addressed to the advocate general, so that we can act."

The bench accepted the assurance given and observed, "Give your complaint in writing to him,he will instruct the authorities to act in accordance with High Court order."

To the submission made by Tahir, to call for a report. The court said, "Their stand is that they are acting strictly in accordance with High Court order. If you feel that there is an individual case where they are violating High Court order or acting more than what is mentioned in the order. Then give the instance in writing they will act upon it." It added "He (Advocate General) is very fair to the court, he is saying he will act on it. Give it to him."

Tahir then submitted that he would submit a letter/communication giving details of the alleged instances to the Advocate General and also submit a copy to the court.

The Court today heard the Advocate General in the case. Report may be read here. Hearing will continue on Monday.