[Hijab ban] Petitions by Muslim girl students: LIVE UPDATES from Karnataka High Court

The Karnataka High Court will continue hearing a batch of four petitions moved by Muslim girl students against their colleges which have restrained them from attending classes on the ground that they wear a hijab (headscarf).Yesterday, the Court heard arguments by Senior Advocate Devadatt Kamat who represented the petitioners. Read his detailed arguments here.Before the conclusion of the hearing, the Court urged the student community and the public at large to maintain peace and tranquillity in the wake of protests against the order.In its statement of objections, the State told the Karnataka High Court that it is not interfering with religious beliefs, and that educational institutions are not places to profess any particular religion. Read more on the State’s affidavit here.At 2:30 PM today, Justice Krishna S Dixit will continue hearing the plea.Live updates from yesterday’s hearing can be read here. Read more about the petitions here and here.Live updates from today’s hearing below..Advocate General Prabhuling Navadgi submits that as per Shayara Bano case, assuming a religious text permits doing of something need not necessarily mean that it is essential to that religion..Kerala High Court judgment also recognises the possibility of having different views in respect of hijab: AG..Hadith is only a secondary source. You have to first go to Quran and if you dont find anything in Quran, you have to stop there: AG..Court looking at GO says State has not prescribed anything but has only empowered College Development Committee. There is no prescription as of now..Adv Tahir seeks interim relief saying life of children are getting disturbed. Bench: When are schools reopening?Lawyers: Monday..Advocate Kaleeswaram Raj says the question of exclusion, of fencing them out is a matter of interim consideration. .Senior Advocate Sanjay Hegde says according to AG, government has not proscribed anything and it has left it to college authorities. Supposing the college authorities interpret the GO as not proscribing, then the issue does not arise..But if the college authorities interpret it as proscribing, then issue squarely arises. Then the question is does State have power. Ultimately what is relevant for us is whether children go to school or not: Hegde..There is nothing in Karnataka Education Act which deals with uniform. There is residual rule making power but rule making power cannot go beyond Act. Even if assuming State has power, can it be exercised this way, No..Kamat: State has said it has not made any decision but has left it to college development committee. That is worse because we are the mercy of some committee for exercise of fundamental rights..My interim prayer is this: If GO says there is no restriction, then allow us to go attend classes wearing hijab. Please don't leave me at the mercy of principal and committee for exercise of fundamental rights: Kamat..Sajan Poovayya on behalf of College Development Committee says the prescription of uniform existed year on year. It is not something new. For this academic year, a resolution was passed as early as June last year indicating what the uniform is..Nobody complained about it until now. Now it is being raised as if it is some artificial prescription coming out if nowhere. They don't have any prima facie case for interim protection: Poovayya..I will produce material that year on year, at the beginning of academic year, the CDC met, and passed resolutions after consulting all stakeholders, on uniformity of school uniforms: Poovayya..They have been followed from time to time until some artificial intervention from outside as if heavens are falling and there is some exclusion. There is no exclusion. Even these petitioners are students who have complied with the order: Poovayya..There is no question of interim order. On reference, I am fully in Your Lords hands: Poovayya..Bench: All these matters give rise to certain Constitutional questions of seminal importance. In the light of some aspects of personal law, Judgements of three High Courts have been cited and more than half a dozen Apex Court judgements are also referred to. This matter was passionately argued yesterday by both the sides from which the Court and the Judge has benefited..Considering the importance of the questions that are debated the Court is of a considered opinion that the papers be kept in the hands of the hon'ble CJ to consider if a larger bench can be constituted in the subject matter..Senior Advocate Kamat: We are very grateful that Your Lordship gave us so much time for the consideration of an emotional subject, we left out all the emotions outside and you gave us a patient hearing.

[Hijab ban] Petitions by Muslim girl students: LIVE UPDATES from Karnataka High Court

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