Hijab Ban- Karnataka High Court Full Bench Hearing(Day 3)- LIVE UPDATES

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15 Feb 2022 2:10 PM IST

  • Hijab Ban- Karnataka High Court Full Bench Hearing(Day 3)- 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.

    Live Updates

    • 15 Feb 2022 4:18 PM IST

      Court now permits Sr Adv Professor Ravivarma Kumar to begin submissions.

      Kumar: Kindly refer to Statement of objection filed by the state.

    • 15 Feb 2022 4:17 PM IST

      Adv Kaleeswaram Raj begins submissions for an intervenor. Prof Ravivarma Kumar Sr Adv seeks to submit for petitioner in connected case. Adv Mir says his petition is the first in the order. Bench asks all to hold on to clear the confusion.

    • 15 Feb 2022 4:15 PM IST

      Kamat : This order in effect suspends fundamental rights. Kindly do not continue this interim order.

      Kamat concludes his submissions. Expresses gratitude to the bench for patient hearing and to his associates who helped him in research.

    • 15 Feb 2022 4:14 PM IST

      Kamat : I respectfully submit that the sweep of your lordships order is extremely broad and it is in the teeth of Article 25 and other rights. Kindly make some leeway. In the meanwhile permit us to wear the head scarf in addition to uniform. Consideration will take time.

    • 15 Feb 2022 4:13 PM IST

      Kamat: Under Article 25, there is no concept of subject to reasonable restrictions.

      CJ: Yesterday only we pointed how the article starts.. "Subject to...".

    • 15 Feb 2022 4:12 PM IST

      Kamat refers to the interim order passed by the bench.

      CJ : In that order, we did not decide anything.

    • 15 Feb 2022 4:12 PM IST

      Kamat : May be I use the wrong word expelled. They are not allowed entry.

      CJ : Whether they are not allowed entry in class or school?

      Kamat: Not allowing inside the classroom or school has the same consequences.

    • 15 Feb 2022 4:11 PM IST

      CJ: How you are applying the doctrine of proportionality if they are not expelled?

      Justice Dixit : A passenger not allowed entry in a train because of not having a ticket.. how is that covered under doctrine of proportionality?

    • 15 Feb 2022 4:11 PM IST

      Chief Justice : In your case, students have been expelled?

      Kamat : They are not allowed to enter.

      Justice Dixit : Expulsion is different from not allowing entry.

    • 15 Feb 2022 4:10 PM IST

      Kamat submits that the Education Act has no provision to expel a student for not adhering to uniform.

      "If you are expelled for an extra attire, doctrine of proportionality will come in", Kamat submits.

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