Supreme Court to pronounce verdict on Karnataka’s hijab ban on Thursday

By IANS

NEW DELHI: The Supreme Court is scheduled to pronounce on Thursday its verdict on a clutch of petitions difficult the Karnataka authorities’s February 5 order, prohibiting sporting of hijab inside lecture rooms in pre-university faculties.

According to the apex courtroom web site, the bench will pronounce the judgment on October 13.

After 10 days of marathon hearings, on September 22, a bench of Justices Hemant Gupta and Sudhanshu Dhulia reserved their judgment after listening to arguments from the counsel representing the state authorities, academics, and the petitioners, who moved the apex courtroom difficult the Karnataka High Court verdict refusing to raise the ban on hijab in academic establishments of the state.

During the listening to, the petitioners contended that the excessive courtroom had wrongly relied upon important non secular observe take a look at for the aim.

Solicitor General Tushar Mehta, representing the Karnataka authorities, had alleged that until the yr 2021, no woman pupil was sporting any hijab and uniform being a part of important self-discipline in colleges was being scrupulously adopted. However, then a motion began on social media by an organisation known as Popular Front of India (PFI) and the motion was designed to create an agitation. Mehta added there have been messages on social media to start sporting hijab and this was not a spontaneous act, as a substitute it was part of bigger conspiracy, and kids had been appearing as suggested.

Senior advocate Huzefa Ahmadi, representing a number of the petitioners, submitted that the argument of PFI was not raised earlier than the excessive courtroom and it’s an argument launched to create prejudice.

The petitioners claimed the Karnataka authorities order (GO) focused Muslim girls and violated Article 14, and 15 of the Constitution. Therefore, it was irrational, arbitrary and unconstitutional.

Senior advocate Dushyant Dave, representing a number of the petitioners, whereas making rejoinder submissions, stated for individuals who are believers, hijab is crucial and for individuals who will not be believers, it isn’t important. He added that there was no trigger to concern pointers in February this yr.

The petitioners’ counsel vehemently argued that the federal government order violated their basic proper to observe faith and cultural rights, which had been assured beneath the Constitution.

Dave submitted that the Department of Education had issued pointers for educational yr 2021-2022, and in accordance with it, uniform is just not obligatory. Therefore, Karnataka GO dated February 5 couldn’t supersede these pointers, he added.

A battery of different senior advocates — Rajeev Dhavan, Kapil Sibal, Colin Gonsalves, Devadatt Kamat, Sanjay Hegde, Salman Khurshid – additionally represented the petitioners earlier than the apex courtroom.

The Karnataka authorities was represented by Solicitor General Mehta and Advocate General Prabhuling Ok. Navadgi.

NEW DELHI: The Supreme Court is scheduled to pronounce on Thursday its verdict on a clutch of petitions difficult the Karnataka authorities’s February 5 order, prohibiting sporting of hijab inside lecture rooms in pre-university faculties.

According to the apex courtroom web site, the bench will pronounce the judgment on October 13.

After 10 days of marathon hearings, on September 22, a bench of Justices Hemant Gupta and Sudhanshu Dhulia reserved their judgment after listening to arguments from the counsel representing the state authorities, academics, and the petitioners, who moved the apex courtroom difficult the Karnataka High Court verdict refusing to raise the ban on hijab in academic establishments of the state.

During the listening to, the petitioners contended that the excessive courtroom had wrongly relied upon important non secular observe take a look at for the aim.

Solicitor General Tushar Mehta, representing the Karnataka authorities, had alleged that until the yr 2021, no woman pupil was sporting any hijab and uniform being a part of important self-discipline in colleges was being scrupulously adopted. However, then a motion began on social media by an organisation known as Popular Front of India (PFI) and the motion was designed to create an agitation. Mehta added there have been messages on social media to start sporting hijab and this was not a spontaneous act, as a substitute it was part of bigger conspiracy, and kids had been appearing as suggested.

Senior advocate Huzefa Ahmadi, representing a number of the petitioners, submitted that the argument of PFI was not raised earlier than the excessive courtroom and it’s an argument launched to create prejudice.

The petitioners claimed the Karnataka authorities order (GO) focused Muslim girls and violated Article 14, and 15 of the Constitution. Therefore, it was irrational, arbitrary and unconstitutional.

Senior advocate Dushyant Dave, representing a number of the petitioners, whereas making rejoinder submissions, stated for individuals who are believers, hijab is crucial and for individuals who will not be believers, it isn’t important. He added that there was no trigger to concern pointers in February this yr.

The petitioners’ counsel vehemently argued that the federal government order violated their basic proper to observe faith and cultural rights, which had been assured beneath the Constitution.

Dave submitted that the Department of Education had issued pointers for educational yr 2021-2022, and in accordance with it, uniform is just not obligatory. Therefore, Karnataka GO dated February 5 couldn’t supersede these pointers, he added.

A battery of different senior advocates — Rajeev Dhavan, Kapil Sibal, Colin Gonsalves, Devadatt Kamat, Sanjay Hegde, Salman Khurshid – additionally represented the petitioners earlier than the apex courtroom.

The Karnataka authorities was represented by Solicitor General Mehta and Advocate General Prabhuling Ok. Navadgi.