Hijab Ban- Supreme Court Hearing- DAY-9 Live Updates

LIVELAW NEWS NETWORK

21 Sept 2022 10:38 AM IST

  • Hijab Ban- Supreme Court Hearing- DAY-9 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 1

    Live Updates

    • 21 Sept 2022 11:02 AM IST

      Kar AG referring to SC decision "Shri A.S. Narayana Deekshitulu vs State Of Andhra Pradesh & Ors

      Kar AG : Assuming wearing of #hijab is a religious practice, it is possible, as it is ordained in Quran, every mundane activity related to religion can't be an essential religious practice.

      Justice Gupta : What is their argument is that whatever is stated in Quran is the word of God and is mandatory?

      Kar AG : We are not experts in Quran, but this Court has held every word in Quran may be religious but not essential - refers to Qureshi judgment on cow slaughter.

      Kar AG refers to Mohd Hanifa Quresh case which held cow slaughter on Bakrid is not an essential practice.

      "We have no affidavit before us by any Maulana explaining the implications of those Verses or throwing any light on this problem" - Kar AG reads from Qureshi judgment

    • 21 Sept 2022 10:56 AM IST

      Justice Gupta: The question would be, even if we presume it's not an Essential Religious Practice- then what kind of practice would it be?

      Kar AG : I will show why this test had to be evolved by the Courts.

    • 21 Sept 2022 10:55 AM IST

      Kar AG : I know your lordships observed essential religious practice need not have been gone into..but I will explain why it had to be..the petitioners approached the Court saying it is an essential tenent.

    • 21 Sept 2022 10:53 AM IST

      Justice Gupta : Mr.Advocate General, we want two things, one the chargesheet (filed in the case for alleged conspiracy behind hijab agitations) and the translations of the Kannada words in the circular.

      Kar AG agrees.

    • 21 Sept 2022 10:52 AM IST

      Another advocate requests the bench to see the tweets made by Advocates in social media.

      Justice Gupta : Why should we see it?

      Advocate : He is the advocate who appeared for the other side, kindly see the tweets, it is a serious matter.

      Bench asks him to hand over the copies

    • 21 Sept 2022 10:51 AM IST

      Bench takes Hijab matter.

      Karnataka Advocate General Prabhuling Navadgi to continue his submissions.

    Next Story